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(영문) 수원지방법원 2018.05.30 2017가단514872

근저당권말소

Text

1. The Defendant (Counterclaim Plaintiff) shall have the Suwon District Court as to each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Judgment on the main lawsuit

A. 1) On August 18, 2010, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant land”) in a voluntary auction procedure (on August 30, 2010, and completed the registration of ownership transfer on August 30, 2010. 2) After that, Nonparty B had an intention to carry out a construction implementation project on the instant land and had a consultation with the Plaintiff purchased the said land from the Plaintiff. However, during that process, the Plaintiff contacted the Defendant and was in contact with the Defendant to appoint the Defendant as the contractor for the said implementation project, and borrowed from the Defendant a loan of KRW 3 million from the Defendant on June 13, 2014 as necessary for the said implementation project.

3) B used the above 30 million won among the above 30 million won in order to obtain a building authorization on the instant land, and paid taxes in arrears on the instant land. 4) The Plaintiff paid the said 13 million won as taxes on the instant land owned by the Plaintiff. As such, the Plaintiff agreed to pay the amount to the Defendant, and the Plaintiff borrowed 13 million won from the Defendant in the complaint regarding this part, but thereafter, the Plaintiff explained to the Defendant that he borrowed 13 million won from the Defendant. However, in the briefs thereafter, the Plaintiff amended and explained the above contents.

On March 31, 2015, regarding the land of this case, the right to collateral security of 13 million won was created with respect to the land of this case.

(The competent registry office and the date of receipt are as stated in Paragraph (1) of this Article; hereinafter the same applies) on August 1, 2016, the Defendant commenced the voluntary auction on the basis of the instant collective security on August 1, 2016. On April 25, 2017, the Plaintiff deposited for the Defendant KRW 13 million, which is the secured debt of the said collective security on April 25, 2017. In addition, on March 28, 2018, the Plaintiff deposited KRW 2,590,960, which is the expenses already executed, out of the deposited auction proceeds paid by the Defendant during the said voluntary auction procedure for the Defendant (Evidence: Evidence: evidence: evidence of the witness, testimony of the witness, inquiry into the Suwon District Court, and the whole purport of the pleadings.