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(영문) 춘천지방법원 2018.10.04 2018가단50761
소유권이전등기
Text

1. The defendant shall receive KRW 72,781,790 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On January 22, 2002, with respect to the real estate indicated in the attached list (hereinafter “the instant real estate”), the registration of the establishment of a mortgage was completed on January 22, 2002 against the maximum debt amount of KRW 70 million, the debtor C (the alteration to D, September 1, 2009), the registration of the establishment of a neighboring community credit cooperative with the mortgagee D, the maximum debt amount of KRW 26 million, the debtor D, and the mortgagee D, respectively.

B. On July 23, 2015, the Defendant entered into a loan agreement with the Changwon Saemaeul Community Fund to accept KRW 75 million of the debt balance of the said D, and completed the registration of the transfer of ownership and the registration of the change of the right to collateral security (hereinafter “registration of the instant right to collateral security”) changing the debtor of the registration of the establishment of the said right to collateral security to himself/herself.

C. On April 1, 2016, the Plaintiff entered into a contract to purchase the instant real estate from the Defendant (hereinafter “instant sales contract”) and paid KRW 10 million for the down payment.

On April 5, 2016, the Plaintiff, along with the Defendant, visited D Chang Chang Saemaul Depository, a mortgagee of the instant real estate, to verify the balance of the secured debt of the said right, and had the Defendant transfer the interest on the said debt to the Defendant’s loan account from June to July 23, 2018, and paid the interest on the said debt to September 2017. The Defendant failed to observe the payment deadline of intermediate payment and notified the Plaintiff of the cancellation of the instant sales contract, and notified the Plaintiff of the refusal of the application for automatic transfer from the Plaintiff, and then paid the interest thereafter.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 8 (including the serial number), and the result of response to the order to provide financial information to the Multilaterun Saemaul Bank, the purport of the entire pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion is the secured obligation for the registration of the instant collateral security in relation to the intermediate payment of KRW 75 million at the time of the instant sales contract.

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