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(영문) 대전지방법원 2015.05.27 2015가합102112
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A is the defendant's punishment, and the plaintiff B is the denial of the plaintiff's punishment.

[1] The balance of the money lent by the Defendant to the Plaintiffs is KRW 116 million.

Mortgage 57 million won and Sejong Special Self-Governing City E church buildings with respect to D Building 506 in the name of the defendant shall belong to all of the plaintiffs.

The Plaintiffs, instead of the above 16 million won, provide the Defendant with the above F Return 575 square meters and G Return 55 square meters and added 70 million won to the Defendant.

On April 29, 2004, the Defendant entered into an agreement with the Plaintiffs regarding the repayment of the amount that the Defendant previously lent to the Plaintiffs (hereinafter “Agreement 1”) as follows:

[2] The Plaintiff’s ownership of H and G (Attached real estate indicated in the attached Form; hereinafter “instant land”) owned by Sejong Special Self-Governing City shall be transferred to the Defendant, and if the land owned by the Plaintiff B is sold after the vehicle, the Plaintiff shall be fully paid the loan obligation, which is the secured debt of the right to collateral security established on the instant land.

Plaintiff

A The deposit amount of KRW 57 million in a certified judicial scrivener office (D. 506) of A is the deposit amount of Plaintiff A, and the defendant will accept the registration of transfer of collateral security regarding the above office.

The housing located in the above E transfers ownership to I, etc.

It is reasonable to complete all obligations by transferring the ownership of the land in this case.

Transfer income tax shall be borne by the defendant.

On October 30, 2009, the Plaintiffs concluded the following agreements (hereinafter “Agreement 2”) with the Defendant on October 30, 2009 under the condition that the Plaintiffs paid KRW 30 million out of KRW 70 million to the Defendant under the first agreement:

Plaintiff

B on December 18, 2009, pursuant to the Agreement No. 2, the Defendant completed the registration of ownership transfer of the instant land (hereinafter referred to as the “registration of ownership transfer”).

The Plaintiffs, which was established on the instant land, shall be KRW 130,000,000,000 for the mortgagee of the Daejeon Livestock Cooperative, the debtor A, and the maximum debt amount.

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