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(영문) 서울중앙지방법원 2017.04.25 2016가단5128288
근저당설정등기의 말소등기절차이행 청구
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. This Court shall, on May 204, 201

Reasons

1. Facts of recognition;

A. On February 7, 2003, the Plaintiff was the owner who completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “the instant building”). Around June 2003, the Plaintiff concluded a contract to sell the instant building No. 901 with C, but it did not transfer the ownership transfer registration in a situation where only KRW 160 million out of the purchase price was paid and the remainder was not received.

B. Since August 2003, C completed business registration with the trade name of “F-Public Notice Hostel” in subparagraph 902 of the E-building, which was leased from D as the owner of the instant building 901 and the Defendant’s wife D, and operated the F-Public Notice Board business.

C. Around July 2007, the Defendant and D drafted the “joint investment plan” as set out below among C and the Plaintiff.

(Evidence A 3). Defendant and D, “A”, and C and Plaintiff “B”.

1. (Purpose of Investment) Profits high by allocating expected profits generated from the operation of the Institute of Public Notice through joint investment in the amount of investment, based on trust and trust, to the amount of investment.

2. (Loan Amount and Terms of Establishment) First, the current lease between A and B shall be terminated.

B Of the investment cost, the Plaintiff offered as security the Plaintiff’s lease on a deposit basis for the instant building No. 901, and the registration of subscription for sale and purchase, and the waiver note for the construction of the telecom and the waiver note for the construction of the telecom owned by B, which are owned by C, the wife G G 1,253 square meters (hereinafter “C’s G land”), and leased KRW 200 million from A.

A shall pay KRW 250,000,000, including KRW 200,000 and KRW 50,000,000,000,000 for total loans of Section B.

The loan amounting to KRW 250 million shall be paid immediately after the certificate of business registration is issued after B establishes a security.

Article 3 (Distribution of Return on Investment) The monthly sales of the publicly notified source shall be allocated to 50:50 the profits after deducting repair expenses, maintenance expenses, management expenses, personnel expenses, and other expenses.

(hereinafter referred to as "A" shall be delegated to the business registration certificate related to the Institute for Public Notice (Operation and Employment of Institute for Public Notice).

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