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(영문) 춘천지방법원 강릉지원 2018.06.05 2016나51603
소유권말소등기
Text

1. Upon a claim for a change in exchange at this court, the defendant 95,450,209 won and the above amount are eight.

Reasons

1. Basic facts

A. 1) C signed the instant sales contract on November 23, 2007 (hereinafter “instant building”) with the Defendant on November 23, 2007

2) The sales contract of this case was sold in lots in 145,00,000 won (hereinafter “instant sales contract”).

(2) According to the instant sales contract, KRW 14,50,000 of the down payment, KRW 87,00,000 for the intermediate payment, KRW 87,000 from January 31, 2008 to April 5, 2008, and the remainder KRW 43,50,000 shall be paid at the time of occupancy, and the said sales price shall be deposited into the accounts of the Agricultural Cooperatives Federation (F) in the name of the Defendant and one other.

B. (1) On January 31, 2008, the Defendant remitted KRW 14,500,000 from the Defendant’s account (G) to the account for the payment of the sales price under the instant sales contract. The details of the account for the payment of the sales price are written as C. 2) C under the agreement between the Defendant and the NAF, pursuant to the part payments collective loan between the Defendant and the NAF, and deposited KRW 87,000,000 in total as part payments from the NAF to April 7, 2008.

C. Around January 3, 2008, Korea Housing Finance Corporation entered into a housing finance credit guarantee agreement with the NAF with the NAF with a view to guaranteeing the repayment of the principal and interest of loans in 78,300,000 won that C borrowed from the NAF as an intermediate payment. D.

On October 22, 2008, the Plaintiff succeeded to the status of the sales contract of this case with the approval of the Defendant and purchased the sales right to the building of this case from C. Accordingly, C succeeded to the obligations of loans to the Agricultural Cooperatives Federation.

E. On April 16, 2009, the Agricultural Cooperative Federation’s notice of accident did not pay the Plaintiff the principal and interest of the instant loan due to the housing loan of the instant building. By April 27, 2009, the amount of the loan shall be KRW 87,000,000 and interest KRW 659,005.

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