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(영문) 의정부지방법원 2018.05.29 2016가단107134
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, in collaboration with C, ordered the construction of housing units for the large-household D (hereinafter “instant housing construction”) and ordered the instant housing construction to E (hereinafter “E”) under the name of C on December 1, 2014.

(hereinafter “instant contract”). F as a joint and several surety E, participated in the instant contract.

The main contents of the instant contract are as follows.

The date of commencement: The scheduled date of completion on April 30, 2015: The amount of construction works shall be KRW 1,493,900,000 (contract amount of KRW 402,000,000, KRW 5000,000 after the structural and bricks, KRW 591,90,000 after the completion of construction, and KRW 591,90,000 after the completion of construction) the method of paying down payment (payment by substitute) G and H 1,303 (93,00,000, KRW 93,000), 2,401, 402, and 502 (per three households, in lieu of 103,00,000) each ownership, to be paid for the down payment of KRW 20,400,00 by transferring each ownership.

B. The Plaintiff and F agreed to complete the registration of transfer of ownership in the name of F and a person designated by F with respect to the foregoing lending that the Plaintiff and F shall pay in substitutes (hereinafter referred to as “instant lending”).

C. On December 17, 2014, the registration of ownership transfer in the name of the Defendant was completed as the receipt of No. 47688 of the District Court Seocheon District Court’s Madra. D.

The loan of this case established the right to collateral security of the Plaintiff, the maximum debt amount of KRW 1,209,000,000 with other real property, and Macheon Agricultural Cooperative, the mortgagee of the right to collateral security. However, on December 17, 2014, the said right to collateral security was cancelled due to partial renunciation of the right to collateral security on the ground that the Defendant acquired ownership, and on the same day, the debtor, the maximum debt amount of KRW 90,000,000, and the Seoul Pre-mortgage Cooperative was terminated.

E. E and F did not perform the construction work under the above agreement, and performed the instant construction work in the order of May 2015, when five months elapsed since the above contract was concluded.

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