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(영문) 창원지방법원 2015.09.08 2015가단6138
소유권이전등기말소
Text

1. On March 13, 2015, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Changwon District Court Kim Jong-hae registry office.

Reasons

1. Facts of recognition;

A. On May 9, 2014, the Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), was granted a building permit for the construction of multi-household housing (multi-household housing) (hereinafter “multi-household housing”) from the Kimhae market. Around that time, the Plaintiff started to build multi-household housing on each of the instant real estate.

B. Around January 28, 2015, the Plaintiff agreed to make an investment of KRW 350 million in the construction price to the Plaintiff by the Defendant, Nonparty C, and D (hereinafter “Defendant, etc.”) and the Defendant, etc., and to pay KRW 450 million in total, including KRW 100 million, after three months from the date of receipt of KRW 350 million to the Defendant, etc.

(hereinafter “instant investment agreement”). In addition, in order to secure the payment of KRW 450 million, the Plaintiff entered into an agreement with the Defendant, etc. on the cancellation of the provisional registration of the right to claim ownership transfer (No. 102566, Sept. 18, 2014) that has already been made on each of the instant real estate, provisional attachment (No. 116407, Oct. 23, 2014) and the registration of the creation of a collateral security (No. 7053, Jun. 23, 2014, and No. 102567, Sept. 18, 2014). The Plaintiff entered into an agreement with the Defendant, etc. to change the owner of the instant multi-household housing under construction of each of the instant real estate to the owner of the instant real estate, and agreed to register the ownership transfer to the extent of each of the instant real estate at issue.

C. On January 29, 2015, the Plaintiff: (a) around January 29, 2015, as a security for the payment of KRW 450 million to the Defendant of each of the instant real estate in accordance with the instant investment agreement; (b) on January 22, 2015, the Changwon District Court Kim Sea Registry on the ground of the promise to trade, issued a provisional registration of the right to claim ownership transfer on January 29, 2015 (hereinafter “the instant provisional registration”); and (c) made the provisional registration of the instant real estate on January 29, 201

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