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(영문) 인천지방법원 2014.04.25 2012가합13138
건물철거 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant D and Defendant (Counterclaim Plaintiff) Company B are among buildings listed in attached Table No. 1.

Reasons

Facts of recognition

The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1, 3, 5, 7, 11, Eul evidence No. 1, 4, 14, 16, Eul evidence No. 1 (including branch numbers, if any; hereinafter the same shall apply) and the whole purport of pleadings:

Attached Form

The ownership-related G of the site listed in paragraph (6) of the Schedule shall be awarded a successful bid for the site listed in paragraph (6) of the attached Table 6 (hereinafter “instant site”) on May 26, 1995 and for the same year.

7.25. Completion of the registration of ownership transfer.

G borrowed KRW 2.3 billion from the Plaintiff and H (hereinafter “the Plaintiff, etc.”) on June 20, 2002, the G cancelled all the registration of provisional seizure, etc. established on the site of this case, and set up a first priority collective security right, superficies and right to claim transfer of ownership against the Plaintiff, etc., and drafted a monetary loan agreement with the purport that the owner of the building of this case should be changed to the Plaintiff, etc., and the owner of the building of this case should be paid the principal, interest (48% per annum), and damages (10% of principal) if not implemented.

On July 16, 2002, G newly issued a certificate of personal seal impression for sale to the plaintiff et al. on every three months, but if not implemented, G prepared a letter of performance to transfer the site in question to the name of the plaintiff et al.

In accordance with the above agreement on July 2, 2002, on the instant site, a provisional registration of the establishment of a neighboring mortgage with the debtor G, the plaintiff I, the maximum debt amount of KRW 1.65 million, the registration of the establishment of a superficies with the plaintiff and J as the holder of a right, and the provisional registration of the right to claim the transfer of ownership with the plaintiff et al.

Plaintiff

As G delayed the repayment of the borrowed amount and did not issue a certificate of personal seal impression for sale to be issued every three months, the principal registration was completed on November 26, 2002 on the site of this case on the basis of the provisional registration above.

Plaintiff

The total amount of bonds shall be KRW 3.29 billion around July 2005, and the instant site shall be KRW 2.17,095 million as of July 2005, respectively.

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