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(영문) 서울고등법원 2014.04.04 2013나53658

근저당권말소

Text

1. Revocation of the first instance judgment.

2. As to the real estate stated in the attached list No. 1 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”) between the Defendant and C

E (hereinafter referred to as “E land”) shall be the Government City E (hereinafter referred to as “E”).

3) Ground F-related business (hereinafter “instant business”)

(2) On May 6, 2005, G entered into a provisional sale contract (hereinafter “instant contract”) with respect to I and F, the representative director of C, as follows.

If the Defendant invests the subscription amount of KRW 350 million in the name of G, C shall provide the Defendant with the right to enter into a contract on F 32.92 square meters (hereinafter referred to as “instant commercial building”) prior to the time of sale and pay the proceeds of KRW 70 million at the time of sale.

The sale in units shall be made within July 11, 2005.

3) In the event that C fails to perform the instant contract, the Defendant demanded C to provide a collateral in order to recover the total amount of KRW 420,000,000 from the above subscription amount and the profits. 4) H was delegated to C with the sales agent for F of the instant project from February 2, 2005, as a real estate broker, and the Defendant was introduced to C to enter into the instant contract. Since C did not have the ability to provide a collateral at the time, it requested the Plaintiff through H to provide a collateral.

5) On May 9, 2005, the Plaintiff’s real estate indicated in the attached Form 1 list where the registration of ownership transfer was completed under the name of the Plaintiff (hereinafter “instant real estate”).

As to the maximum debt amount, the registration of establishment of a neighboring mortgage as stated in the order shall be completed on May 9, 2005, the registration office of the Seoul Central District Court (Seoul Central District Court No. 39884, May 9, 2005), which was filed by the Defendant, the creditor, and the Plaintiff. On September 6, 2006, the registration of establishment of a neighboring mortgage as of May 9, 2006, which was entered in the same order (hereinafter “registration of establishment of a neighboring mortgage of this case”).

(b) complete the contract. (b) I concluded a land trust contract between C and Korea Asset Trust, etc. (1) I was owned by C around June 2005.