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(영문) 수원지방법원안양지원 2013.11.28 2013가합100120

근저당권말소

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B:

(a) Appendix 1.

Reasons

1. Basic facts

A. The Plaintiff and his wife, from around 1994, came to know of Defendant B and his wife, and the Plaintiff borrowed money from Defendant B several times.

B. On March 10, 2004, the Plaintiff, D, and Defendant B entered into a sales contract with the Korea Water Resources Corporation to purchase KRW 1,117,700,000 of F Miscellaneous land from KRW 3,809,00. On April 29, 2004, the Plaintiff entered into a contract with the Korea Water Resources Corporation to exclude some of the above land (219.8 square meters) from the sale subject matter in G land by dividing it into G land and exclude it from the sale subject matter, and to change the sale subject matter into KRW 3,589,500,000,000,000.

C. Accordingly, on May 16, 2005, Plaintiff, D, and Defendant B completed the registration of ownership transfer for each share of 1196.5/3809.3 out of the above F F F land (which became a co-ownership relationship with the Korea Water Resources Corporation that owns shares 219.8/3809). The said F land was divided into 3,589.5 square meters and G miscellaneous land into 219.8 square meters on August 8, 2006, and the said F land was divided into 3,589.5 square meters and G miscellaneous land, and the Plaintiff, D, and Defendant B owned 1/3 shares of each of the above F land divided on the ground of co-owned property partition on August 23, 2006, and the Korea Water Resources Corporation completed the registration of ownership transfer as ownership of each share.

On October 11, 2010 (the contract date stipulated as September 6, 2007, however, the fact that the actual contract date was written as October 11, 2010 may be recognized to the effect that there is no dispute between the parties or that the entire pleadings are recognized to the effect that the actual contract date is October 11, 2010), the Plaintiff drafted the following sales contract with regard to the Defendant B’s share out of the F land in Si interesting City:

(1) Defendant B asserted that the Plaintiff’s seal imprint was affixed to the Plaintiff, but the Plaintiff’s seal imprint was affixed to the Plaintiff. However, the establishment of the authenticity of the sales contract itself is recognized; hereinafter “instant sales contract”). The indication of the real estate in the sales contract: Defendant B (i) from among the 3,589 square meters of the F miscellaneous land in Silung City, 196.5/3589.5 square meters (=1/3).