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(영문) 의정부지방법원 2015.09.16 2014가단112606

근저당권말소

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1. The defendant is the District Court of Jung-gu as to each real estate listed in the separate sheet to the non-party C.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) purchased each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) from E on February 27, 2010. On March 29, 2010, the ownership transfer registration was completed in the name of C, 9,900/11,247 shares in the aforementioned land under C, 90/11,227.

B. Around 2010, C entered into a construction contract with the Defendant on the construction work in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant construction contract”). Since C did not pay KRW 1,517,300,000 out of the total construction cost of KRW 4,575,00,000, the Defendant entered into a mortgage contract with the Defendant as to each of the instant land on May 13, 201 to secure the claim for the said construction cost, the Defendant entered into a mortgage contract with the obligor C and the maximum debt amount of KRW 80,000 on each of the instant land, and completed the registration of the establishment of a mortgage on each of the instant land as of May 17, 2011, with the Defendant’s Family Court No. 1205.

C. On December 28, 2011, the Plaintiff leased KRW 600 million to C, concluded a contract to establish a collateral security agreement with the debtor C and the maximum debt amount equivalent to KRW 600 million with respect to the portion of KRW 9,900/11,247 out of each of the instant lands, and completed the registration of the establishment of a collateral security for each of the instant lands on the same day.

On March 9, 2012, the Defendant paid 4,576,00,000 won for the construction price of the instant construction contract and the instant construction contract, and 1,517,300,000 won for the unpaid amount to the Defendant; and C shall pay 870,000,000 won through a bond transfer contract and payment contract through payment contract; and C shall pay 647,30,000,00 won each through payment contract; where the Defendant received 40,000,000 won or more from the third obligor after the bond transfer contract, the right to collateral security established on each of the instant land shall be terminated; C shall, until May 31, 2012, terminate the ownership transfer registration by cancelling the collateral security and provisional attachment registration, etc., and the said real estate as the payment in substitutes, shall be the Defendant.