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(영문) 서울동부지방법원 2017.01.13 2015가단17679
소유권이전등기
Text

1. The Defendant’s KRW 10 million and KRW 35 million among the Plaintiff’s KRW 6% per annum from May 7, 2012 to January 13, 2017, and six.

Reasons

1. Basic facts

A. On May 6, 2010, the Defendant borrowed KRW 65 million from the Plaintiff, and prepared a statement of performance as follows to the Plaintiff, and on the same day, the Defendant issued the provisional registration of the right to claim ownership transfer (hereinafter referred to as the “first provisional registration”) to the Plaintiff on the ground of the same trade reservation with respect to the C Apartment Nos. 102, 802, and 802 (hereinafter referred to as the “instant apartment”).

- Each behavior - daily loans of KRW 200 million - Each letter (the defendant) agrees to sell and purchase the apartment of this case as of May 6, 2010 to KRW 200 million, and the terms of sale are currently to purchase and purchase KRW 288,00,000 from the new bank with priority over the registration at the new bank with priority over the right to collateral security at present.

- A person liable for provisional registration (defendant) fails to repay the maximum debt amount of KRW 14 million, such as D and E, (65 million, the actual maximum debt amount), which is the mortgagee of the right to collateral security in the order of priority 2 in the registration, and thus the person liable for the provisional registration (Plaintiff) pays on behalf of the Plaintiff, but the person liable for the provisional registration borrowed the amount from the person liable for the provisional registration as a sale price condition from May 6, 201 to May 6, 2012, under the condition that he/she does not receive interest from the person liable for the provisional registration, and pays the amount of KRW 65 million up to May 6, 201.

- A person obliged to make a provisional registration shall pay the full amount of KRW 135 million to the person obliged to make the provisional registration, out of the sale subscription amount of KRW 200 million, to the remainder of the right to the provisional registration by May 6, 2012. If a person obliged to make the provisional registration fails to undertake the promise to pay the full amount of KRW 65 million once more than twice in the payment due date, the principal registration based on the registration of the right to claim ownership transfer on the apartment of this case shall be implemented to the Plaintiff due to a breach of the agreement by

B. On January 19, 2012, the Defendant revoked the first provisional registration on January 20, 2012 due to the cancellation of January 19, 2012. On the same day, the Defendant completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 31.6 million against the Non-Party Heunging Life Company. On January 30, 2015, the Defendant made a pre-sale promise to the Plaintiff on January 20, 2015.

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