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(영문) 의정부지방법원 2014.02.06 2013가합4965
소유권이전등기
Text

1. The defendant is paid KRW 3,715,00,000 from the plaintiff (Appointed Party) and simultaneously with the plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On March 2, 2011, the Plaintiff and the Selection C agreed to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant in the purchase price of KRW 4,350,000,000, and the down payment of KRW 435,000,000 on the date of the contract, the intermediate payment of KRW 200,000 on July 2, 201, and the remainder of KRW 3,715,00,000 on February 28, 2012.

(hereinafter “instant sales contract”). B.

Pursuant to the above contract, the Plaintiff and the Selection C paid the Defendant the down payment of KRW 435,000,000 on the day of the contract, and paid the intermediate payment of KRW 200,000,000 on July 5, 201.

C. Meanwhile, at the time of the instant sales contract, the attachment registration was completed in the name of the State, each registration of the establishment of a neighboring mortgage and the registration of creation of superficies in the name of a mutual savings bank in the name of the date of the instant sales contract (each transfer was made in the name of the KF Savings Bank in the name of the KF Savings Bank in this case), each of the registration of seizure in the name of the State, Yangju-si, each of the registration of the establishment of mortgages and the registration of creation of superficies (each transfer was made in the name of the KF Savings Bank in the name of the

On February 8, 2013, the Defendant KF Savings Bank, the debtor, applied for a voluntary auction of real estate on each of the instant real estate (Korean District Court D). On February 25, 2013, the registration of voluntary auction decision was completed as of February 25, 2013 by the Jung-gu District Court No. 14389.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, according to the instant sales contract, is obligated to obtain the remainder of KRW 3,715,00,000 from the Plaintiff and the Appointor C, and to perform the registration procedure for ownership transfer of one-half of each of the instant real estate to the Plaintiff and the Appointor C.

B. The Defendant voluntarily rendered a decision to commence the auction on the instant real estate claimed in the preliminary claim.

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