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(영문) 대전지방법원홍성지원 2015.02.26 2014가합748

소유권이전및근저당권설정이행절차의소

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1. On November 14, 201, the Defendant: (a) on each of the real estates listed in the separate sheet, the reason for establishing a right to collateral security.

Reasons

1. Basic facts

A. From Jun. 16, 2011, the Defendant entered into an agreement on the supply of land to purchase KRW 4,621,015,00, total sum of 3 districts H-7-2 block and H-7-3 block (hereinafter “each of the instant real estate” in the separate sheet through the arrangement of subsequent parcels”).

B. On July 15, 2011, the Defendant loaned KRW 1.8 billion from the Korea Fisheries Cooperatives, and KRW 800 million from the Korea High Military Fisheries Cooperatives, and paid the remainder of the purchase price to the Korea High Military Cooperatives as each of the above loans.

C. On November 9, 201, Bocheon-si: (a) arranged a parcel of each of the instant real estate, and completed registration of ownership preservation.

On November 11, 2011, the Defendant concluded a land sale contract, which is the main contract, which was stipulated in the Boan-si and the Korea Land Supply Agreement, and determined the purchase price as the area of each real estate of this case was modified more than the time when the land supply agreement was concluded.

E. On November 14, 201, in order to secure each of the above loans owed to the Plaintiffs, the Defendant concluded a mortgage-based contract with the Plaintiffs regarding each of the instant real estate by establishing each of the instant real estates as stated in the Disposition No. 1.1.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, 5, 6, and 7 evidence 1, 2, Gap evidence 8, Gap evidence 9-1, 2, Gap evidence 13, Eul evidence 13, and the purport of the whole pleadings

2. According to the facts of the judgment on the grounds of the plaintiffs' claims, barring any special circumstance, the defendant is obligated to implement each of the following in order to the plaintiffs with respect to each of the instant real estate in November 14, 201 in the same order as the procedures for registering the establishment of a mortgage on the grounds of a mortgage contract.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant's obligee A and Dvia City Co., Ltd. are creditors of the defendant's assertion of this case's real estate in this case.