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(영문) 울산지방법원 2016.07.05 2015가단30489
가등기말소
Text

1. The Defendant completed the receipt of June 7, 201 by the Ulsan District Court (Seoul District Court) No. 55963 on the real estate in the attached form C.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) asserted that D’s claim amounting to KRW 55 million against D was taken over on July 28, 2015, the Plaintiff applied for a payment order to the court (Ulsan District Court 2015 tea2977), and the Plaintiff’s application for lawsuit was performed as a lawsuit (Ulsan District Court 2015dan29380) (Ulsan District Court 2015Daga29380). The Ulsan District Court declared that the Plaintiff’s claim was accepted on May 13, 2016, and that judgment became final and conclusive as it is.

B. On August 30, 1983, C is a real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On June 2, 201, C entered into a trade reservation (hereinafter “instant trade reservation”) with E on June 2, 201 with respect to the registration of ownership transfer, and on June 7, 2011, C completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”).

E shall purchase the instant real property in KRW 100 million.

The down payment of KRW 10 million shall be substituted by the existing obligation (C's E).

The buyer (E) shall take over the obligations of bank loans of KRW 60 million and trade them on condition that C shall pay KRW 30 million to C.

3) On September 26, 2011, E paid KRW 30 million to C. 4) On October 7, 2011, E notified C of the cancellation of the said purchase and sale reservation on the ground that the additional obligation of C (the additional obligation of collateral security under the name of the bank) was discovered, and requested C to return KRW 40 million.

5) On April 1, 2015, Defendant (C’s wife) completed the additional registration prior to the provisional registration of the right to claim ownership transfer on the instant real estate on the ground of “trade on April 1, 2015.”

2. The plaintiff's assertion

A. Even according to the Defendant’s assertion, all obligations constituting the cause of the provisional registration of this case were repaid.

B. Therefore, although the provisional registration of this case is sufficient to be cancelled, the additional registration prior to the provisional registration was completed in the name of the defendant, who is the wife C.

C. This case.

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