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(영문) 전주지방법원 2015.07.15 2014가합5806
가등기에 기한 소유권이전 등
Text

1. The judgment of the Jeonju District Court is to be rendered by Defendant A limited liability company on each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) On March 13, 2013, the Plaintiff is the Defendant Limited Company A (hereinafter “Defendant A”) under the joint guarantee of Defendant B, C, and D.

(2) In lending KRW 500 million to a third party, “payment period: from March 13, 2013 to February 23, 2016; interest: from April 23, 2013 to March 23, 2016; interest: KRW 8 million per month (payment on April 23, 2013; KRW 2.5 million shall be made in advance from March 13, 2013 to March 23, 2013); and interest loss: Where Defendant A paid interest fails to pay the principal by the due date or the due date of principal payment, the principal payment may be made in installments at any time within the due date: Defendant A may pay the principal payment in installments; and the Plaintiff completed the transfer registration of ownership transfer on each of the real estate owned by Defendant A, listed in the attached Table of the District Court on March 13, 2013 as the receipt of an all-round claim on March 13, 2013.”

3) Defendant A paid KRW 128 million out of the total interest of KRW 14 million from April 23, 2013 to July 23, 2014 (i.e., KRW 8 million per month x 16 months) (i.e., KRW 128 million - KRW 14 million). (ii) The principal and interest of the instant loan as of August 23, 2014 are KRW 532,000,00 in total (= KRW 24 million until July 23, 2014 - KRW 14 million - KRW 14 million). (iii) The principal and interest of the instant loan as of August 23, 2014 are KRW 5.32,00,000 in total (i.e., interest or overdue interest of KRW 32 million until July 23, 2014).

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including all branch numbers for those with a satisfy number), the purport of the whole pleadings

B. According to the above facts of recognition, Defendant A lost the benefit of time due to delinquency in interest. As such, as the Plaintiff seeks, Defendant A limited liability company’s claim for ownership transfer registration, which was completed by the Plaintiff under the receipt No. 14987 of March 13, 2013, with respect to each real estate listed in the separate sheet, shall be governed by the procedure for cancellation of registration.

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