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(영문) 광주지방법원 순천지원 2018.07.04 2016가단73723
소유권이전등기
Text

1. The Defendant is based on the agreement on March 21, 2016 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 18, 2016, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant real estate”) on March 4, 2016 to the Defendant on March 18, 2016.

B. On March 21, 2016, the Plaintiff entered into an agreement with the Defendant, C, and D (hereinafter “Defendant, etc.”) on the main purpose of transferring the ownership of the instant real estate to the Defendant for the sake of the smooth development of the land on 16 parcel, including the instant real estate (hereinafter “instant site”) for the sake of self-financial development (hereinafter “instant agreement”), and the main contents are as follows.

The main contents of the instant agreement: (a) the Defendant et al. paid KRW 2.5 billion to the Plaintiff at the time of self-financing; and (b) the Plaintiff did not participate in all projects including development, etc. after payment of land price.

② The Defendant, etc. shall first borrow KRW 200 million and pay to the Plaintiff by taking advantage of the instant real estate acquired by ownership from the Plaintiff.

③ In borrowing the above KRW 200 million, the Defendant, etc. shall utilize only seven parcels of the instant real estate to be permitted for detached house in the land E at the netcheon City, and the instant real estate except the permitted site shall, upon the request of the Plaintiff after using the loan, be divided into parcels or re-transfer the ownership thereof to the Plaintiff, and the Defendant, etc. shall, without any condition, comply with

④ Since the Defendant, etc. is temporarily transferred the ownership of the instant real estate for the purpose of borrowing funds, the actual authority over the instant real estate still exists, and the Defendant, etc. shall not engage in any legal act, such as sale and purchase, establishment of a right to collateral security or provisional registration, with respect to the instant real estate

5. The establishment of a collateral security by means of a loan, sale, etc. of the instant real estate.

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