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(영문) 대전고등법원 2016.04.07 2014나2851

근저당권설정등기

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1. The plaintiff's appeal is all dismissed.

2. The plaintiff, upon the plaintiff's preliminary claim added at the trial, shall be the plaintiff.

Reasons

1. Presumption

A. 1) On October 30, 2012, the Plaintiff entered into a sales contract with Defendant B, as between Defendant B and Defendant B, to the extent that Defendant B was the 1,338.6mm2 (hereinafter “instant land”).

(2) Until January 31, 2013, the Plaintiff and Defendant B entered into a sales contract with the Plaintiff on February 26, 2013, under which the purchase price is KRW 3.3 billion (a contract amounting to KRW 1.5 billion, intermediate payment, KRW 32 billion, KRW 1.75 billion, KRW 65.8 billion, and KRW 1.5 billion, and KRW 1.3 billion, KRW 1.3 billion, and KRW 1.3 billion, the remainder of the payment period, and KRW 65.8 million, respectively). The Plaintiff and Defendant B agreed to sell the said land by January 31, 2013.

A down payment of KRW 1.5 billion shall be paid directly to the said company in lieu of EflusM Co., Ltd. (hereinafter referred to as “design company”) in lieu of the remainder of the investment set-off.

Loan KRW 1.67 billion shall be succeeded to the loan amounting to KRW 1.67 billion.

The sales proceeds include building authorization rights, business licenses, approval of a business plan, design rights, and all other rights, and all the underwritings thereof shall be dealt with within 15 days after the registration of sale.

3) The Plaintiff is the National Federation of Fisheries Cooperatives (hereinafter “NFC”) on behalf of Defendant B on February 20, 2013, on behalf of the Plaintiff, the part payment of KRW 34.2 million under the above sales contract with Defendant B.

A) Around February 25, 2013, the interest paid to Defendant B was to be substituted by KRW 34 million and the obligation for loans to Defendant B’s NFC was acquired in parallel. On June 24, 2013, the remainder of the payment date, Defendant B’s NFC and Korea Bank (hereinafter “Korea Bank”).

each subparagraph of this paragraph.