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(영문) 수원지방법원 안산지원 2018.06.21 2016가합9503
소유권이전등기
Text

1. Defendant B’s ground for an agreement on February 9, 2015 with respect to real estate No. 9 listed in the [Attachment List] to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the representative director of C, contracted the construction of the non-execution part of the instant loan construction work to the Defendant B, the representative director of H, around September 30, 2014, on the ground of two loan loans (hereinafter “instant loan”). While the construction of new loan was being implemented, the Plaintiff contracted the construction of the non-execution part of the instant loan construction work to the Defendant B, the representative director of H, on the following grounds:

B. As above, the Plaintiff contracted construction of the non-construction of the instant loan to Defendant B for the purpose of securing construction cost on the same day, and entered into a contract with Defendant B to settle the construction cost at the time of completion of the loan of this case and refund of ownership.

Upon entering into such a contract, C Co., Ltd. sold to Defendant B, in the same day, non-Party E in the purchase price of KRW 1.2 billion, but KRW 500 million shall be paid simultaneously with the transfer of ownership on the above land, and the remainder amount shall be paid until January 31, 2015, and a separate agreement was entered into to implement the registration of creation of a neighboring mortgage on the instant loan in order to pay the remainder amount.

C. On September 30, 2014, the Plaintiff completed the registration of ownership transfer to Defendant B with respect to each of the land (i.e., the wife population D through I, J, and G) as the Suwon District Court’s Registry receipt No. 155127.

On January 16, 2015, the Plaintiff and Defendant B agreed to transfer all of the powers pertaining to the instant loan construction to the Plaintiff’s designated person immediately after the Plaintiff paid the construction cost to H with respect to the instant loan construction contract. The Plaintiff calculated the construction cost of the instant loan construction by H at least KRW 600 million, and all the rights pertaining to the instant loan construction.

E. Defendant B, on April 6, 2015, under his name, on the loan of this case.

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