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(영문) 대구지방법원 2019.07.10 2018나312679

근저당권말소

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1. Revocation of the first instance judgment.

2 The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

A. The building of this case (hereinafter “the building of this case”)

2) The construction project newly constructed (hereinafter referred to as the “instant construction project”)

(1) Around June 7, 2014, the term of construction cost of KRW 520 million, and the term of May 20, 2014, and the term of August 30, 2014, C Incorporated Company paid KRW 120 million as a down payment to D on June 5, 2014. (2) On June 7, 2014, F used the remainder payment of KRW 500,000,000 (including KRW 120,000,000) and the intermediate payment ( KRW 250,000,000,000,000,000) to clarify the payment of the remainder of the construction cost of this case, including KRW 50,000,000,000,000,000,0000,000,0000,000,0000,000,000,000.

* To implement this, the form of a loan instrument and a part of the construction cost are drawn up, made and set up as a second priority.

E. On September 16, 2014, C agricultural company urged D to perform the instant construction, and sent the following content-certified mail.

3. A Party promised to immediately provide expenses of KRW 30 million when preparing seals and documents that he/she would own a large amount of money and be holding LA building and be holding a high pollution while carrying out the construction work as of September 4, 2014, which was highly serious due to the shortage of funds, and that he/she would start in Daegu with bad mind. < Amended by Presidential Decree No. 25748, Sep. 4, 2014>