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(영문) 서울남부지방법원 2018.10.19 2018가합106518
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff, at the request of the Bank of Korea (hereinafter “Korea”), which is a mortgagee, with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), sought a method of selling each of the instant real estate to a third party at a higher price than the sale price, as it was decided to permit the sale on May 28, 2013.

B. On June 3, 2013, when the Plaintiff entered into a sales contract with the Defendant to sell each of the instant real estate in KRW 3.3 billion, the Plaintiff: (a) replaced by cancelling the right to collateral security of the Bank of Korea and cancelling the instant voluntary auction; (b) instead of paying the remainder of KRW 1.980 million, the Plaintiff assumed the Plaintiff’s other obligations related to the Defendant’s burden on the registry of each of the instant real estate; and (c) upon agreement with the lower creditors, the Plaintiff agreed to accept the agreed debt directly with the lower creditors and pay the remaining amount after repaying the agreed debt amount in KRW 1.988 million.

C. On June 4, 2013, the Defendant: (a) gathered the right to each real estate of the instant banks; (b) performed the Plaintiff’s obligation to a limited liability company specializing in the land-building securitization; and (c) revoked the auction procedure.

On June 7, 2013, the Defendant completed the provisional registration of the right to claim the transfer of ownership based on the pre-sale agreement (hereinafter “each provisional registration of this case”).

E. The Defendant filed a lawsuit against the Plaintiff seeking implementation of the ownership transfer registration procedure based on the provisional registration of each of the instant cases with respect to each of the instant real estate in Ansan District Court.

The plaintiff on February 6, 2014 is the defendant.

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