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(영문) 울산지방법원 2016.01.21 2015나908
소유권이전청구권가등기말소 등
Text

1. The judgment of the first instance, including the primary claims added and expanded in the trial, is as follows.

Reasons

1. Basic facts

A. The Plaintiff loaned money to C from April 2004 to February 2012, 2012. On February 20, 2013, the Plaintiff confirmed the remainder amount of KRW 366,600,000 as KRW 300,000,000,000, whichever is 600,000,000 was immediately paid, and 360,000,000 won was paid until December 25, 2015, and received a certificate of borrowing KRW 360,00,00 from C.

On July 16, 2013, the Plaintiff filed a lawsuit against C on the ground of the above loan loan claim with the Ulsan District Court 2013Gahap4919, and was sentenced on August 14, 2014 to “C shall pay to the Plaintiff the amount calculated by the rate of KRW 360 million and the interest rate of KRW 20% per annum from August 22, 2013 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. The real estate indicated in the attached list, which was owned by C (hereinafter “instant real estate”), was registered for creation of the right to collateral security (hereinafter “the right to collateral security”), which is a life insurance company for the mortgagee of the right to collateral security (hereinafter “the right to collateral security”), KRW 270 million for lease on a deposit basis, KRW 150 million for lease on a deposit basis, KRW 150 million for the right to collateral security (hereinafter “the right to collateral security”) and KRW 20 million for the right to collateral security (hereinafter “the right to collateral security”), respectively.

C. On February 13, 2013, C completed the registration of the right to claim ownership transfer registration based on the same transaction reservation (hereinafter “instant transaction reservation”) with respect to the instant real estate to the Defendant, and the Defendant repaid E KRW 70 million on the same day and cancelled the registration of the establishment of the second neighboring mortgage.

C on October 4, 2013, selling the instant real estate in KRW 410 million to the Defendant (hereinafter “instant sales contract”), and KRW 410 million in sales amount, the Defendant agreed to succeed to the Defendant’s liability of KRW 70 million with respect to the Korea Life Insurance Co., Ltd. and KRW 270 million with respect to KRW D, and the remainder of sales amount will substitute for KRW 70 million that the Defendant already paid to E.

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