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(영문) 수원지방법원안산지원 2017.04.19 2015가단115817

근저당권말소

Text

1. As to Non-Party C: D 661 square meters in Sii-si, Sii-si:

A. The National Federation of Fisheries Cooperatives shall Suwon District Court.

Reasons

1. Basic facts

A. The Plaintiff and C came to know from around 1994 the Plaintiff and its wife, E, one of them, F, and the Plaintiff borrowed money from C several times.

(2) On March 10, 2004, the Plaintiff, E, and C entered into a sales contract with the Korea Water Resources Corporation to purchase KRW 1,117,700,000 of G miscellaneous land for KRW 3,809,00. On April 29, 2004, the Plaintiff entered into a contract with the Korea Water Resources Corporation to exclude some of the above land (219.8 square meters) from the sale subject matter by dividing it into H land and exclude the sale subject matter from the sale subject matter, and to change the sale subject matter into KRW 3,589,589,5 square meters from G miscellaneous land and KRW 1,053,207,710.

(3) Accordingly, on May 16, 2005, Plaintiff, E, and C completed the registration of ownership transfer for each of the above G land on May 16, 2005 with respect to their respective shares of 1196.5/3809, each of the above G land (which became a co-ownership relationship with the Korea Water Resources Corporation that owns shares of 219.8/3809). The said G land was divided into 3,589.5 square meters of G miscellaneous land and 219.8 square meters of H miscellaneous land on August 8, 2006, Plaintiff, E, and C owned one-third shares of each of the above G land divided on the grounds of partition of co-owned property on August 23, 2006, and the Korea Water Resources Corporation completed the registration of ownership transfer as the ownership of the said H land.

(4) On October 11, 2010, the Plaintiff drafted a sales contract with the purport that the Plaintiff would purchase the shares of C in the G land in the Si of Si of Si of Si of Si of Si of Si of Si to purchase KRW 401,140,000.

(5) On September 6, 2007, C prepared a receipt to the Plaintiff to the effect that the Plaintiff received both the down payment, the first through the third intermediate payment, and the remainder, respectively, on September 11, 2010. < Amended by Presidential Decree No. 20219, Sep. 6, 2007; Presidential Decree No. 21483, May 14, 2008; Presidential Decree No. 21483, May 19, 2009; Presidential Decree No. 22148, May 28, 2010; Presidential Decree No. 22190, Oct. 11, 2010>

(6) On April 29, 2011, G miscellaneous land of G 3,589.5 square meters in Siung-si was divided into 1,606 square meters in G miscellaneous land, 660.9 square meters in I miscellaneous land, 661 square meters in D miscellaneous land, 661 square meters in J miscellaneous land, and 661 square meters in J miscellaneous land, and the Plaintiff, E, and C.