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(영문) 대전지방법원 2016.10.18 2015가단43803

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 6, 2006, the Defendant completed the registration of preservation of ownership on the real estate reconstructed by the non-party association (hereinafter “the apartment of this case”) as a member of the C-building Housing Association (hereinafter “Non-party association”).

B. On October 20, 2014, the Defendant, while selling the instant real estate to the Plaintiff, drafted a written agreement with the following contents.

1. The sales price of the apartment in this case shall be 90 million won including the moving expenses of 30 million won.

2. The purchaser shall be aware of and purchase all the civil and criminal circumstances up to now (such as provisional seizure in the register of register, current illegal resident problems, and moving expenses provided by the non-party association at the time of reconstruction, 30 million won).

3. With respect to the moving expenses of KRW 30 million, the buyer shall provide the seller with a security for the apartment of this case.

4. If the buyer redeems the loan for moving expenses (30 million won) to the non-party association, the seller shall immediately terminate the establishment of the security referred to in paragraph 3 on the apartment of this case.

C. On October 21, 2014, the Plaintiff completed the registration of ownership transfer regarding the instant apartment on the same day. On the same day, the Plaintiff completed the registration of ownership transfer on the mortgage holder, the Defendant, the maximum debt amount of KRW 30 million, and the establishment of a mortgage near the Plaintiff’s debtor’s establishment registration (hereinafter “instant establishment registration”).

[Reasons for Recognition] Each entry of Gap 1 or 3 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion D had a claim for the construction payment against the non-party partnership by the Daejeon District Court Decision 2007Gahap8680 decided to recommend reconciliation, and transferred the above claim to the Yellow Doctrine Co., Ltd., and notified the non-party partnership of the transfer.

The Kim Jong-sung, a corporation, transferred its claim to Cheong-sung, a corporation, and notified the non-party union of the transfer.

The Cheongdae, Co., Ltd. transferred 50 million won out of the above bonds to the Plaintiff, and the notification of transfer to the non-party partnership.