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(영문) 서울중앙지방법원 2019.04.10 2018가합561775

근저당권말소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (1) with respect to the registration and division of real estate indicated in the attached list 1) with respect to the 8,179 square meters of E forest land in Gwangju District Court, Gwangju District Court’s Mayangyang Port Office, which was received on March 23, 1992, as the receipt of No. 4986, Mar. 23, 1992, the maximum debt amount 280,000,000 won, and the registration of the establishment of a neighboring mortgage, the debtor F. (hereinafter

(2) On May 17, 1995, Defendant C completed the registration of transfer of ownership based on inheritance by consultation and division on August 8, 1994 with respect to E forest land before the split-off. The registration of transfer of ownership was completed on May 8, 1994.

3) G completed the registration of ownership transfer based on sale and purchase on February 4, 1997 with respect to the portion of 4958.7/8179 out of E forest land in Gwangjuyang-si prior to the subdivision on February 5, 1997. On April 4, 1997, G completed the registration of ownership transfer with respect to the whole remaining shares out of the same forest land by completing the registration of ownership transfer based on sale and purchase on March 30, 1997, and completed the registration of ownership transfer with respect to the entire forest land in Gwangju-si prior to the subdivision on April 29, 202, forest land E was divided into real estate listed in the separate sheet (hereinafter “instant real estate”) and H 842 square meters of forest land.

5) On May 26, 2005, the Plaintiff completed the registration of creation of a mortgage on the instant real property on the ground of an additional contract on May 9, 2005, including the Plaintiff, the maximum debt amount of KRW 190,000,000, and the debtor G G, I, J, K, and Defendant C entered into an agreement with the following contents on February 1997:

(hereinafter referred to as the “instant Joint Development Agreement”). [Written] In the joint development of L, E (the instant real estate), M, N, and five parcels as amusement facilities, each of the following is followed:

1. The permission is responsible for G and K.

2. The G’s responsibility and authority shall be the various development facilities including construction after the creation of housing sites.