근저당권말소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On September 5, 1983, P of the basic facts: (a) sold to the Defendant the part 2,595 square meters of forests and fields of Gyeonggi Q20,580 (specific as “Ra complex” among the parties to the contract) at KRW 115 million (hereinafter “the instant sales contract”); (b) received KRW 10 million as down payment on September 5, 1983, which is the date of the said contract, from the Defendant; and (c) received full payment by June 19, 1984.
Although the Defendant paid the full purchase price as above in accordance with the instant sales contract, P completed only the registration of ownership transfer equivalent to 1,298 square meters out of the share in P ownership of the pertinent real estate, unlike the instant sales contract, on June 20, 1984.
P around that time, the legal relationship is adjusted for the remaining 1/2 of 1,297 on the grounds that one of the co-owners of the above real estate has a substantial right. On the division of the above real estate, P made an agreement to complete the registration of ownership transfer to the Defendant, and upon which P issued a promissory note as of October 4, 1984, the date of issuance, and November 4, 1984, the payment date. As to the portion of P owned ownership of the above real estate, P owned ownership of the above real estate was KRW 100 million to the Defendant. The registration of creation of a neighboring mortgage (hereinafter “the creation of a neighboring mortgage of this case”) was completed as of October 6, 1984 by Suwon District Court Register No. 18922, which was received on October 6, 1984.
After that, the above real estate was divided into a wife population S 31,306 square meters, T forest 20,388 square meters, U forest 643 square meters, V forest 407 square meters, and W forest land registration conversion.
At the time of the co-owners, including some of the plaintiffs, S Forest and U.S. filed a lawsuit seeking partition of co-owned property (U.S. District Court 2006Kadan59249) and rendered a decision of recommending reconciliation between co-owners on September 23, 2008.
Accordingly, U forest is the U forest, X forest, Y forest, Y forest on October 27, 2008, and S forest is the S, Z, AA, AB, AC, AD, AE, AF, AH, AH, AI, and AJ on October 29, 2008.