logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.12.04 2012가합2620
근저당채무부존재확인등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 4, 2007, the Plaintiffs entered into a sales contract with the Defendant to sell 1/2 shares out of each of the instant real estate at KRW 390 million. Accordingly, the Plaintiffs received respectively payment from the Defendant for the remainder of KRW 350 million on April 4, 2007 and April 14, 2007.

B. Among each real estate of this case, each real estate listed in the separate sheet 1 and 2 (the real estate listed in the separate sheet 2 was divided on January 18, 2010 from the real estate listed in the separate sheet 1) was owned by the plaintiffs since September 8, 200, but the plaintiffs acquired ownership of each real estate listed in the separate sheet 3 through 5 after the above sales contract was concluded on April 20, 207.

C. On April 20, 2007, the Plaintiffs completed the registration of the right to claim transfer of ownership on April 16, 2007 with respect to the shares of 1/2 (the shares of 1/4 of each Plaintiff) out of each of the instant real estate to the Defendant on April 20, 207.

On March 25, 2008, the provisional registration under the name of the defendant was cancelled due to the cancellation on March 24, 2008, and on the same day, the establishment registration of superficies was completed on the part of the debtor Gap, Do Community Savings Bank Co., Ltd. (hereinafter "Co."), the maximum debt amount, 322,000,000 won, and the establishment registration of neighboring buildings (No. 5649, Mar. 25, 2008) and other structures or trees owned, the duration of which was thirty (30) years from March 25, 2008, the duration of which was thirty (30) years from the Do Private Savings Bank, the establishment registration of superficies was completed on March 25, 2008 (Sacheon District Court, Hongcheon District Court, Hongcheon Registry, 5650, Mar. 25, 2008) with respect to shares of each of the real estate of this case, and the registration of ownership transfer was again accepted on May 365, 2005.

E. On March 31, 2008, Plaintiff A borrowed KRW 230 million from Do Civil Savings Bank as collateral for the registration of the establishment of a mortgage and the establishment of a superficies as above, and Plaintiff B and Defendant became joint and several sureties in the above loan.

(f).

arrow