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(영문) 대전지방법원 천안지원 2018.01.26 2017가합684

근저당권말소

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the land indicated in paragraph (1) of the “Real Estate List” attached to the Plaintiff; Plaintiff B is the land indicated in Paragraph (2) of the same Table; Plaintiff C is the land indicated in Paragraph (3) of the same Table; Plaintiff D is the owner of each land listed in paragraphs 4, 5, and 6 of the same Table (hereinafter the above land is added to “instant land”).

2) Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that manufactures structures assembly equipment, etc., and Defendant F is an internal director of Defendant Co., Ltd.

B. Defendant G introduced Defendant F and Licensed Real Estate Agent to the Plaintiffs, and thereafter Defendant F entered into a sales contract with the Plaintiffs on October 20, 2015 with respect to the instant land under the name of the Defendant Company as indicated below (hereinafter collectively referred to as “instant sales contract”), and each of the following sales contracts (Evidence A No. 4-1-4) entered into at the time of the said sales contract (hereinafter referred to as “instant sales contract”) and Defendant H arranged the instant sales contract.

On the other hand, Paragraph 5 of the special terms of the sales contract of this case stated that the establishment of the special terms of the sales contract of this case along with the balance must be cancelled.

Serial 1 Plaintiff A’s purchase price of the seller’s subject matter of sale 50,88 million won in the land indicated in paragraph (1) of the “Real Estate List” attached to the Plaintiff Company A, 2 Plaintiff B, KRW 58.6 million in the land indicated in paragraph (2) of the same Table 3 Plaintiff C’s land indicated in paragraph (3) of the same Table 42.3 million in the land indicated in paragraphs 4, 5, and 6 of the same List 40,000 won in each land indicated in paragraphs 4, 5, and 6 of the same List 42.3

C. On October 29, 2015, Defendant F borrowed KRW 94 million from I under the name of the Defendant Company on the instant land, and on the same day, the lawsuit was withdrawn even though the mortgagee was one of the first Defendant, as to the instant land.

The establishment registration of a neighboring mortgage with Defendant Company and the maximum debt amount of KRW 180,000 is required.