beta
(영문) 의정부지방법원고양지원 2020.06.05 2019가단17020

근저당권말소등기 등

Text

1. The defendant shall be the plaintiff.

(a) Goyang District Court for each real estate listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On or around March 6, 2005, the Plaintiff acquired the ownership of each real estate listed in the separate sheet as indicated in the separate sheet of the Plaintiff (hereinafter “each real estate of this case”) and each real estate listed in the separate sheet of the Plaintiff is classified as “each real estate of this case”, “each real estate of this case” and “second real estate of this case”.

(2) As to the above real estate while the Plaintiff had not completed the registration of ownership transfer concerning each of the instant real estate, the Plaintiff entered into a sales contract with C/D’s agent E and each of the said real estate at KRW 247,500,000, and paid the price in full.

The registration of the establishment of each ownership in the preceding paragraph was completed, and the plaintiff filed a lawsuit against C and D seeking the return of the purchase price as a result of the cancellation of the above sales contract under the Dayang Branch District Court Decision 2011Kahap8812, and on April 5, 2012 in the above lawsuit, the conciliation was concluded that "A, C and D shall implement each of the 1/2 shares of the instant 1/2 shares, and D shall implement each of the 2 shares of the instant 1/2 shares of the instant 1 real estate."

3) On August 14, 2019, the Plaintiff completed the registration of ownership transfer for each of the instant real estate based on the adjustment of the same content as described in the foregoing paragraph 2.

B. The establishment registration of a mortgage on September 12, 2005 with respect to each real estate of this case, 1) the establishment registration of a mortgage on September 12, 2005, 200,000 won with respect to each real estate of this case, 200,000 won with respect to the establishment registration of a mortgage on September 16, 2005, 140,000,000 won with respect to each real estate of this case, and the establishment registration of a mortgage on September 16, 2005 with respect to the establishment registration of a mortgage on September 12, 2005, 2) the Defendant completed the establishment registration of a mortgage on September 23, 2008 with respect to each real estate of this case as to the establishment of a mortgage on September 23, 200, and on September 16, 2005 with respect to the establishment registration of a mortgage on September 25, 2008.