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(영문) 의정부지방법원 2019.10.17 2018가단135591

근저당권말소

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1. The Defendant (Counterclaim Plaintiff) received the following amount from the Plaintiff (Counterclaim Defendant).

Reasons

The relationship between the parties to the basic facts (common in the principal office and counterclaim) is the spouse who was in a de facto marital relationship with G engaged in a certified brokerage business with G in the name of “F” in Dongducheon-si, and a person who introduced each land to the Plaintiff and the Defendant and intended to promote the development project of the said land as follows:

B is the husband of the plaintiff as a father of D.

The plaintiff purchased each real estate listed in the attached list (hereinafter referred to as "real estate owned by the plaintiff") with the introduction of the above D, and completed the registration of transfer of ownership in the name of the plaintiff on February 26, 2010.

The Defendant entered into a sales contract with the introduction of the foregoing D on November 19, 2012, with the content that he/she purchases KRW 13,000,000,000,000 for H 195 square meters, 155 square meters, 156 square meters, and each of the above land-based housing (hereinafter referred to as “Defendant-owned real estate”), and completed the registration of ownership transfer for each of the above real estate on December 7, 2012.

The location of real estate owned by the plaintiff (contract) in accordance with the joint development agreement between the plaintiff and the defendant and the agreement for the joint development of real estate created by collateral security: The location of real estate owned by the defendant JK in Macheon-si: YI in Macheon-si as of November 19, 2012 and the above contract for the purchase of real estate owned by the defendant was concluded with the plaintiff for joint development as follows.

1. In entering into an agreement under joint development with respect to the real estate owned by the Defendant and the entire real estate owned by the Plaintiff, 60% of the final sale and compensation amount shall be 40% of the Plaintiff’s acquisition by the Defendant, respectively, after deducting all the expenses incurred in the subsequent sale and compensation from all the above real estate. In addition to the above real estate, the Plaintiff and the Defendant shall exercise their shares by 50%, respectively.

2. In order to secure this Convention, the Plaintiff shall set up a right to collateral security in the real estate owned by the Plaintiff to the Defendant, which shall be immediately cancelled upon the fulfillment of the conditions set forth in paragraph 1 above.

The plaintiff and defendant