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(영문) 춘천지방법원영월지원 2015.11.18 2013가단5959
소유권이전등기청구권가등기말소등
Text

1. The defendant shall be the plaintiff.

A. At the same time, 39,9560,00 won is paid from the Plaintiff, each entry in the attached Table 1.

Reasons

1. Facts of recognition;

A. On January 6, 2012, the Plaintiff completed the registration of the transfer of ownership based on the sale by voluntary auction as of January 6, 2012, and the registration of the creation of a collateral (hereinafter “instant collateral security”) with respect to each of the instant lands and buildings as of January 6, 2012, with the maximum debt amount of KRW 689,00,000, and with respect to the establishment of a right to collateral (hereinafter “instant right to collateral”) with the debtor and the debtor as the Pyeongtaek Credit Union as of January 6, 2012. As to each of the instant lands, the Plaintiff completed the registration of the establishment of a superficies with respect to each of the instant lands as of January 6, 2012, for a period of thirty years from January 6, 2012; for the purpose of owning a building or other structure or trees; and for the creation of superficies with the superficiary as the

B. On April 25, 2012, C prepared a written contract with the Plaintiff to purchase each of the instant land and buildings in KRW 900 million, and with respect to the payment of the purchase price, KRW 70 million shall be paid at the time of the contract, and the remainder of KRW 30 million shall be paid on June 4, 2012, and the remainder of KRW 530 million shall be succeeded to the Plaintiff’s obligation of loans to the Pyeongtaek Credit Union, a collateral security (hereinafter “instant sales contract”), and KRW 70 million shall be paid to the Plaintiff on the day of the said contract as the down payment.

C. On March 8, 2013, the Plaintiff received from the Defendant the remainder of KRW 34,860,000 and KRW 34,860,00 (=interest 29,560,000 on the loan obligations to the Pyeongtaek Credit Cooperative incurred until March 8, 2013 + the cost of installing fences + KRW 5,300,00,00), and then, the Plaintiff shall complete the registration of ownership transfer in the name of the Defendant with respect to each land and building of this case under the name of the Defendant, and then complete the registration of ownership transfer in the name of the corporation designated by the provisional registration authority or the provisional registration authority at the time of the registration. The Plaintiff received the full amount of interest by this date, and thereafter the interest from this registration is a condition to be borne by the buyer.”

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