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(영문) 광주지방법원 2014.12.18 2014가합52492
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 8, 2011, the Plaintiff and D (the husband of the Plaintiff) purchased the instant real estate in approximately KRW 750 million and completed the registration of ownership transfer on the same day. In order to promote the business of newly constructing 78 households of apartments (hereinafter “instant apartment project”) on each real estate listed in the separate sheet (hereinafter “instant apartment site”).

(2) C introduced the Plaintiff and D (hereinafter “Plaintiff, etc.”) from E, and invested KRW 300 million in the instant apartment project.

B. (1) In order to raise the purchase fund of the apartment site of this case, the Plaintiff obtained a loan of KRW 630 million from the Jinjin Credit Cooperative to secure this, and completed the registration of creation of a mortgage over the apartment site of this case with the maximum debt amount of KRW 820,000,000 from the debtor (the indication on the register of apartment site of this case is referred to as the "F," which is the name before the opening of the name), and the maximum debt amount of KRW 820,000.

(2) On September 30, 201, the Plaintiff’s creditor-based limited liability company, with the claim amounting to KRW 200 million, completed the registration of provisional attachment registration on the 2,053 square meters of the instant apartment site, which was located in Gangnam-gun G-gun, Gangnam-gun.

(3) On December 26, 2011, the Plaintiff completed the registration of creation of a mortgage over the instant apartment site with the Plaintiff (F) and the maximum debt amount of KRW 130 million with respect to the instant apartment site.

(4) On February 23, 2012, I applied for the commencement of compulsory auction against the instant apartment site based on the claim against the Plaintiff. On February 23, 2012, I rendered a decision to start compulsory auction against the instant apartment site.

C. (1) After the conclusion of the provisional contract with K, the apartment project of this case did not run smoothly, the Plaintiff et al. requested E to color the purchaser who purchased the apartment site of this case on April 2012, and E together with C.

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