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(영문) 인천지방법원 2014.11.25 2012가합19815

근저당권말소

Text

Defendant R shall be listed in the separate sheet to Plaintiffs A, B, C, D, E, F, G, H, I, J, K, and Q, and Defendant S shall be listed in the separate sheet to Plaintiffs M, N,O, P, and Q.

Reasons

1. Basic facts

A. Defendant R made a joint investment with Nonparty U (hereinafter collectively referred to as “Defendant R, S, and Nonparty U”) on the land outside of Incheon Jung-gu T, Incheon, and the Defendant S constructed and sold each of the aggregate buildings on the same Gu’s V ground (hereinafter referred to as “instant building”). The Plaintiffs are buyers who sold each of the respective households of the instant building from the Defendants.

B. The Plaintiffs received some of the sales price from the Defendants since each of the households of the instant building was sold in lots. The Plaintiffs entered into a sales contract with the Defendants for each of the households of the instant building and entered into a sales contract with the Defendants for the said Plaintiffs to pay the compensation amount. The Plaintiffs stated the special engineer of the sales contract (Evidence No. 2, No. 3, and No. 6) in the special engineer of the sales contract (Evidence No. 2, No. 2, No. 3, and No. 6) until the expropriation compensation was determined.

Plaintiff

M andO submitted in the instant case only with the written contract for sale in lots (Evidence No. 2, No. 3, and No. 6) submitted in the instant case, but the Defendant stated a preparatory document as of November 6, 2014 on the fifth date for pleading and stated that, at the time the sales contract was concluded between the Plaintiffs and the Defendants, the date of payment of the amount subsidized by the Defendants out of the purchase price was stipulated as “date of expropriation compensation” without exception.

(2) In order to secure the repayment of the above subsidies, each of the households of the instant building that the said Plaintiffs purchased in lots, the registration of the establishment of the neighboring building was completed in the name of the Defendants.

The details of the establishment registration of a neighboring mortgage that the plaintiffs completed against each household of the building of this case and the defendants, which were sold from the defendants' side, are as follows.

The seller of real estate (Plaintiff) is registered as a mortgagee A, Jung-gu Incheon, Jung-gu.