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(영문) 춘천지방법원 2014.09.24 2014가합222

청구이의

Text

1. The part of the lawsuit in this case, which seeks implementation of each procedure for cancellation of registration of creation of superficies, shall be dismissed.

2...

Reasons

1. Basic facts

A. On December 31, 2009, the Plaintiff and the Defendant agreed to borrow 450 million won as interest rate of 3% per month. However, on January 30, 2010, the Plaintiff entered into a monetary loan agreement with the effect that the remaining principal and interest shall be repaid until March 1, 2010, each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the above real estate”) on December 31, 2009, which is owned by the Plaintiff, to secure the above loan obligation, and individually purchased part of the shares among the real estate under paragraphs 1 through 6 of this case to the Defendant, and sold them to the other party under the name of the Defendant 200 million won, and each of the real estate was disposed of under the name of the Defendant 1 to 370 million won (the maximum debt amount of the superficies No. 970 million won, each of the instant real estate was disposed of under the name of the Defendant 1 to 289.7 billion won, and each of the instant real estate was jointly owned by the Plaintiff 201 to 97.75 billion.61.6.

B. However, since August 4, 2010, the Plaintiff failed to pay the principal and interest to the Defendant. On September 6, 2011, the Defendant filed an application for a voluntary auction of real estate with the Chuncheon District Court C (hereinafter “instant auction”). On November 9, 2012, when the said auction was in progress, an agreement was made between the Plaintiff and the Defendant as follows (hereinafter “instant agreement”), and the Defendant withdrawn the first request for auction.

① The Plaintiff’s principal amounting to KRW 140,00,000 and interest amounting to KRW 37,600,000 on October 30, 2012.