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(영문) 제주지방법원 2017.11.07 2016가단56631
소유권말소등기
Text

1. As to one-half portion of G 3,747 square meters in Seogpo-si, Seopo-si:

A. Defendant E is the Jeju District Court.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is located in Seopopopo City H and owns and operates Ria and golf courses.

B. On February 3, 2003, the Plaintiff entered into a sales contract with Defendant C and D to purchase 1/2 of each of the KRW 3747 square meters of each of the 3,747 square meters of each of the 3,000 square meters of each of the 37,000 square meters of each of the 37,000 square meters of each of the 37,000 square meters of each of the instant land (hereinafter “instant land”) with Defendant C and D (hereinafter “the first sales contract”), and agreed that KRW 18,00,000 of each of the 350,000 won of each of the date of the contract, the intermediate payment and the remainder shall be paid on March 3, 2003, and the amount of KRW 13,200 million shall be paid on October 31, 2005, and in lieu of the payment of KRW 80,00,000 of Defendant C’s debt.

The Plaintiff paid to Defendant C and D a total of KRW 698 million from February 21, 2003 to December 20, 2006, with the purchase-price totaling KRW 698 million, and the remainder of the purchase-price remaindering KRW 282 million.

C. Meanwhile, on December 18, 2006, the Plaintiff was granted a loan of KRW 160 million to Defendant C and D as collateral and paid KRW 100 million in the purchase price. The remainder of the purchase price is paid KRW 282 million in six installments from January 2007 to June 2007 (it shall be paid KRW 50 million each five times from January 2007 to May 2007, and the remainder of KRW 32 million from June 2007 shall be paid as KRW 160 million each time) and the Plaintiff’s registration of creation of a mortgage shall be determined as the maximum debt amount of KRW 80 million from the first day of the same year (hereinafter “non-party union”) to secure the establishment of a mortgage on the same date.

On December 19, 2006, the Plaintiff paid KRW 100 million out of the loans of KRW 160 million to Defendant C and D as the purchase price.

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