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(영문) 전주지방법원 2019.10.24 2018나10824
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased from E Co., Ltd. (hereinafter “E”) for real estate development and sale business on August 2016, 2016, 374 square meters (hereinafter “instant land”) set forth in the attached Form No. 2(b) and part(f) among the land in the J and F, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the part(f) as the land before subdivision, and the Defendant paid the purchase price in full from E, around August 3, 2016, 496 square meters prescribed in the attached Form No. 1(a) and (c) of the said land among the said land from E, and Nonparty G purchased from E, around August 28, 2016, 496 square meters as the part(d) in the attached Form No. 496 square meters as part(c) among the said land.

B. However, E did not cancel the registration of establishment of a collateral security interest for the land F in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, the maximum debt amount of which is set at KRW 364 million due to the aggravation of its financial position, and for the establishment of a collateral security interest to the IF, thereby making it difficult for E to do so.

As set out in each real estate sales contract as described in the paragraph, the registration of division was not completed to the plaintiff, defendant, or G.

C. As between E on February 15, 2017, the Defendant entered into an agreement (i.e., the instant agreement and the instant agreement) with the Defendant to complete the registration of ownership transfer with respect to the entire area of 281 square meters and D 1,403 square meters (divided from the said J and F land) owned by E, and (ii) was certified as a deed signed by a notary public, K office, etc. for the said agreement as prescribed by the Ordinance No. 230 on February 15, 2017.

EC ACUD ACT

1. It shall transfer all land C and D to the Defendant in Thai-gun, Chungcheongnam-gun.

In accordance with the contract between E and the defendant of August 8, 2016, 509 square meters following the transfer of ownership shall be transferred from E to the defendant.

2. Upon completion of the registration of ownership transfer in the future of the defendant, 113 square meters and 150 square meters will be transferred to the plaintiff in installments.

3. The financial loans, interest, acquisition tax, transfer tax, registration fee, etc. arising from the transfer of the Defendant shall be borne by H and the Defendant shall be 150 square meters.

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