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(영문) 광주지방법원목포지원 2020.01.08 2019가단50930

근저당권말소

Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B Co., Ltd. shall be Gwangju District Court.

Reasons

1. Basic facts

A. On August 20, 207, G, H, I, J (K), L, M, and N (hereinafter “G, etc.”) concluded a sales contract with the Defendant Company (hereinafter “Defendant Company”) on the condition that on the part of the seller, G, etc. sell the real estate listed in the separate sheet (hereinafter “each of the instant lands”) jointly owned by the Defendant Company as KRW 434,40,00,000 (hereinafter “instant sales contract”). At the time, G, etc. entered into a sales contract with the seller as its agent, and entered into a collateral security agreement with which the transfer of ownership is delayed due to the land transaction permission area.

B. On August 20, 2007, the date of the conclusion of the instant sales contract, the Defendant Company paid the down payment of KRW 50,000,000 for the instant sales contract and KRW 384,40,000 for the remainder on September 21, 2007.

C. At the time of the instant sales contract, the Defendant Company and the seller’s agent entered into an agreement with the following: “O, the de facto owner of the instant real estate, enters into a contract on behalf of the owner on the registry, and if any problem arises in the later procedure for the registration of ownership transfer, the agent will be held responsible for all civil and criminal responsibilities; and “If the purchaser is unable to be subject to the registration of ownership transfer due to the circumstances of the purchaser of the instant land, the seller shall cooperate with the seller even if he/she is not actually liable for the said real estate, and shall, without good cause, comply with the procedures for the registration of ownership transfer.”

G, etc., on November 1, 2007, the Defendant Co., Ltd. and the Defendant Co., Ltd. concluded a mortgage agreement with the Defendant Co., Ltd. (hereinafter “instant mortgage agreement”) stating that “The Defendant Co., Ltd. and the obligor G, etc. establish all obligations that may arise in the period, present, or future against the Defendant Co., Ltd.” (hereinafter “the instant mortgage agreement”). The Defendant Co., Ltd. each of the instant cases on November 1, 2007.