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(영문) 인천지방법원 2017.10.17 2016가합59910
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant borrowed KRW 280,00,000 from the Plaintiff as joint collateral and completed the registration of creation of each of the real estates listed in the separate sheet owned by the Defendant (hereinafter “the instant private house”) and 7/21 of the share of 7,935 square meters in Pyeongtaek-gun C forest land, and 1,651 square meters in D forest land (hereinafter “Gang Chang-gun land”) as joint collateral around February 2, 2010, the maximum debt amount of KRW 280,000,000, the debtor, the mortgagee, the mortgagee, and the mortgagee, the right to collateral security (hereinafter “the registration of creation of a collateral on the land of Pyeongtaek-gun land”), and additionally completed the registration of creation of a mortgage on the instant friendship-gun land as collateral for the said debt, around August 10, 2010, the maximum debt amount of KRW 10,000,000, the obligee, the obligee, and the obligee, the obligee, and the Plaintiff 1,000, the obligee,500.

B. On January 26, 201, the Defendant repaid the Plaintiff KRW 140,00,000,00 to the Plaintiff and cancelled all the registration of the establishment of a mortgage on the instant private loan, among the registration of the establishment of a mortgage on each of the foregoing units, and completed the registration of the establishment of a mortgage on the instant private loan amount of KRW 140,00,000 (hereinafter “the instant loan”). On February 9, 2011, the Defendant completed the registration of the establishment of a mortgage on the instant private loan amount of KRW 180,000 with respect to the remainder of the loan amount of KRW 140,000,000,000 with respect to the maximum debt amount of KRW 10,000,000

C. Around September 12, 2013, Defendant and E drafted a sales contract with the content that the sales amount shall be KRW 1,500,000,000 with respect to the instant friendship; KRW 10,000,000 for down payment shall be remitted directly to the bank; the intermediate payment shall be replaced by the termination cost of the service paid on September 12, 2013; the remainder amount of KRW 20,000,000 shall be paid on October 15, 2013; and E shall succeed to KRW 723,00,000 with respect to the Defendant’s fisheries cooperative (hereinafter “instant sales contract”); and the instant sales contract is written.

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