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(영문) 대전지방법원천안지원 2019.11.06 2019가단103924

근저당권말소

Text

1. The Defendants are the Daejeon District Court's Busan District Court's branch offices with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against E Co., Ltd. has a claim of KRW 120,000,000 against E Co., Ltd. (hereinafter “Nonindicted Company”).

On April 1, 2009, the non-party company transferred to the plaintiff the right to claim for ownership transfer registration on the real estate stated in the attached Table to the non-party company F (hereinafter “instant real estate”) instead of paying the above KRW 120,000,000 to the plaintiff of the non-party company.

B. The Plaintiff filed a lawsuit and filed a lawsuit against Nonparty Company and F for compulsory adjustment (hereinafter “instant compulsory adjustment order”) on November 3, 201, with the Daejeon District Court Branch of the Daejeon District Court Decision 201Kadan3356, the Plaintiff filed a lawsuit against Nonparty Company for the registration of ownership transfer based on the payment in kind agreement on February 18, 2009, and the Nonparty Company filed a lawsuit against the Plaintiff for the registration of ownership transfer based on the transfer on April 1, 2009. 2) The instant compulsory adjustment order was finalized on January 31, 2012.

Decisions

1. F shall cancel all the rights to collateral security currently established on the instant real estate to the Plaintiff, and shall implement the procedure for the registration of ownership transfer on November 3, 201.

2. The Plaintiff sells the instant real estate to a third party, and pays to the non-party company the remainder after deducting 150,000,000 won from the proceeds of sale.

3. In order to secure the obligation under Paragraph (2) simultaneously with the acquisition of ownership of the instant real estate, the Plaintiff completed the registration of creation of a mortgage over KRW 110,00,000 to the non-party company regarding the instant real estate.

4. The plaintiff and the non-party company shall bear half of the registration expenses required under paragraphs 1 and 3.

5. The plaintiff waives the remaining claims.

6. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. Registration made pursuant to the decision of compulsory adjustment of this case 1.