근저당권설정등기말소
1. The defendant received KRW 240 million from the plaintiff, and then real estate stated in the attached Table shall be the plaintiff.
Basic Facts
On June 16, 2008, Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) filed a claim for the cancellation of ownership between Nonparty D and the Seoul Central District Court 2007Gahap108390 (hereinafter “Litigation for the cancellation of ownership”).
(2) On July 15, 2008, when winning a lawsuit for cancellation of ownership, the Plaintiff acquired ownership of forest land E 491,504 square meters from the date following the date on which the Plaintiff lost the lawsuit for cancellation of ownership by adding the interest calculated at the rate of KRW 200,000 and KRW 20,000,000,000 to the non-party company.
In order to pay the down payment and intermediate payment, the non-party company borrowed KRW 200 million from the defendant on July 15, 2008, and if D wins in the ownership cancellation lawsuit based on the instant sales contract, the non-party company transferred 20,000 of the above land to the defendant on behalf of the non-party company and transferred 20,000,000 of the above land to the defendant on behalf of the non-party company. In the case of the loss of the first instance court, the non-party company received 20,000,000 won and interest monthly from the plaintiff, the representative director
) In the event D’s establishment of the right to collateral security (hereinafter “instant agreement”) is unable to perform the said obligation, it shall be jointly and severally liable. The instant agreement was made with the content that “The instant agreement” (hereinafter “instant agreement”).
On July 15, 2008, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to the apartment of this case owned by the Plaintiff to the Defendant on July 15, 2008, with the content that the maximum debt amount is KRW 240 million, the debtor, and the creditor as the Defendant.
However, the lawsuit of cancellation of ownership filed against Gyeonggi-do by acting as an agent of the DF, etc. was transferred to Suwon District Court 2008Gahap5564 case, which was F. 8 January 2009.