logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2016.11.30 2015가단10112
가등기말소
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 55,00,000 and the amount of KRW 55,000 with full payment from July 29, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, as the representative director of D (a company operating the real estate sales business; hereinafter referred to as D) and E (a sales agency; hereinafter referred to as “E”), was the actual owner of the instant land from F, the Plaintiff, and the actual owner of the instant land. However, he heard that he entrusted the title of ownership to G, a director in the company, and concluded a provisional contract to purchase the instant land.

After that, the Plaintiff’s provisional contract amount for the instant land to E, which performed the sales business of D, is KRW 5 million on March 12, 2012, and the same year.

8.7.6 million won was paid respectively.

B. On August 30, 2012, the Plaintiff: (a) purchased the instant land from G in the purchase price of KRW 140 million; (b) drafted a sales contract stating that the down payment of KRW 14 million shall be paid on August 30, 2012; and (c) the balance of KRW 126 million shall be paid on October 10, 2012.

(hereinafter “instant sales contract”). The Plaintiff agreed to deduct the seller’s side of the instant land and the total of KRW 11 million paid by the Plaintiff to E from the sales price of the instant land.

C. On October 11, 2012, the Plaintiff promised to establish a provisional registration to secure the seller’s claim for the instant purchase price, and completed the registration of ownership transfer based on the instant sales contract in the future of the Plaintiff on the instant land.

On the same day, the Plaintiff took out a loan of KRW 40 million from the Credit Cooperative on the same day, and provided the instant land as the obligor, the maximum debt amount of KRW 52 million, and the right to collateral security (right to collateral security) with respect to the said land.

The Plaintiff’s above KRW 40 million was deposited into G’s account, and the registration of the establishment of a neighboring mortgage was cancelled on December 3, 2012 when the Plaintiff was a debtor G and a mortgagee’s credit union on the instant land.

As to the land of this case on the same day, the F.M. reservation will be made on the same day.

arrow