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(영문) 서울중앙지방법원 2018.06.05 2017가합27360
소유권이전등기말소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On May 30, 2012, F, as the representative director of the Plaintiff, entered into an exchange contract and rescission of agreement between the Plaintiff and the Defendant B, is each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(B) The Daejeon Dong-gu G, H land and its ground buildings owned by the Defendant B (hereinafter “instant Daejeon Real Estate”).

(2) In exchange with each other, the value of the instant real estate is KRW 14.5 billion (the secured debt of the right to collateral security established on the instant real estate KRW 8 billion), and the value of the instant Daejeon real estate is assessed as KRW 8 billion (the secured debt of the right to collateral security established on the instant real estate KRW 3 billion), and the exchange agreement is concluded with the purport that the Defendant B shall pay the Plaintiff the difference between the amount calculated by deducting the secured debt of the right to collateral security established on the instant real estate from the said value, until July 10, 2012 (hereinafter “instant exchange agreement”).

(2) The registration record of the instant real estate, which caused the instant exchange contract, is indicated as the grounds for registration.

On July 11, 2012, "the provisional registration of this case is the provisional registration of this case" in relation to the real estate in this case under Defendant B's name.

(3) The amount of the exchange difference to be paid by Defendant B to the Plaintiff was increased to KRW 2.1 billion, since the secured debt of the right to collateral security established on the instant real estate was confirmed to be KRW 8 billion, not to be KRW 7.4 billion, and Defendant B paid to the Plaintiff the exchange difference of KRW 2.1 billion until around July 11, 2012.

4 Although Defendant B transferred possession of the instant real estate from the Plaintiff and did not complete the registration of ownership transfer of the instant real estate in its name, Defendant B did not complete the registration of ownership transfer under its own name, and rather, Defendant B paid to the Plaintiff on August 13, 2012, and Defendant B paid the exchange difference paid to the Plaintiff on August 13, 2012 when the instant exchange contract is terminated.

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