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Reasons
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(영문) 서울중앙지방법원 2018.11.02 2017가단5093082
건물
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1. The Defendants: (a) from November 14, 2015 to the time when they deliver to the Plaintiff the buildings listed in the separate sheet, 3,000,000 each month.

Reasons

1. Facts of recognition;

A. Defendant D completed the registration of the establishment of a mortgage on April 19, 201 with respect to the buildings listed in the attached list (hereinafter “instant building”) owned by Defendant D and the land therefor, which are approximately KRW 249 square meters in Seoul, Dongjak-gu, Seoul (hereinafter “instant building”) and KRW 588,00,000, the maximum debt amount of which is KRW 588,000,000, the debtor G, the collective security holder H group, and the registration of the establishment of a mortgage on September 30, 201 with respect to the establishment of a mortgage on September 30, 201.

B. On February 1, 2012, Defendant D entered into a settlement agreement with K on the debt of KRW 150,000,000 as follows. On February 4, 2013, Defendant D terminated the provisional registration of the right to claim ownership transfer on the ground of the promise to trade the instant real estate on the same date.

1. “A” (referring to K; hereinafter the same shall apply) borrowed a total of KRW 150,000,000 on three occasions from 2009 to 2010 from “B” (referring to Defendant D; hereinafter the same shall apply);

2. On August 31, 2011, “B” committed to “A” to repay within six months in the course of submitting a written notification of performance to “B”, but fails to repay within the period:

3. “B” shall establish a registration of transfer of ownership for the instant real property in the possession of “B” as written against “B” and, if sold to a third party within one year, shall be repaid in full for KRW 156,000,000,000 including principal and unpaid interest, and KRW 150,000,000,00 ( October, November, December, 12), including principal and interest, if sold to a third party; “B” shall terminate the establishment of provisional registration; and shall lose its effect.

4. However, in the event that the above 3 paragraphs are not fulfilled, “B” shall transfer the ownership of the instant real estate to “A” to “A”, and shall determine the amount of real estate trading as KRW 800,000,000 in consideration of the incidental expenses necessary for the transfer of ownership and shall complete the mutual agreement.

C. On March 14, 2013, the Republic of Korea (hereinafter “Disposition Office”) is the case.

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