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(영문) 춘천지방법원 2016.07.07 2015가단54816
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2-1 and 2, and there is no counter-proof.

On September 16, 2013, the Plaintiff leased KRW 100,000,00 to Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) at interest rate of 6% per annum and on the 24th day of each month on the payment date of interest.

(hereinafter “the instant loan”). B.

On September 16, 2013, when the Defendant guaranteed the debt of the instant loan to the Plaintiff of the non-party company, the Defendant agreed to transfer the real estate listed in the attached Table (hereinafter “instant real estate”) at auction price and the building No. 101 on the D ground of Chuncheon City to the Plaintiff if the interest payment was delayed for at least four months.

(hereinafter referred to as “instant agreement”). C.

The non-party company did not pay interest on the loan of this case for at least four months from September 24, 2013.

2. According to the above facts finding as to the plaintiff's assertion, since the non-party company did not pay interest on the loan of this case for at least four months, the defendant is obligated to implement the registration procedure for transfer of ownership based on the payment agreement for the real estate of this case pursuant to the agreement of this case, barring special circumstances

3. Judgment on the defendant's defense

A. The defendant's defense was concluded between the plaintiff and the non-party company with an agreement to extinguish all the claims and obligations. Thus, the defendant asserts that the plaintiff is a guarantor for the non-party company's loan debt of this case, and has no obligation to complete the registration of ownership transfer for the real estate of this case for payment in kind

B. In full view of the purport of the entire pleadings in the statement of No. 1, Nonparty Company and Nonparty E drafted a letter of undertaking on February 14, 2015 (hereinafter “instant letter of undertaking”). The instant letter of undertaking is Chuncheon.

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