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(영문) 춘천지방법원 2017.02.21 2016가단53452
근저당권말소
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 August 10, 201, E entered into a sales contract with Plaintiff C and Plaintiff C on a price of KRW 10,050 square meters, which is KRW 76,000,000,000,000,000,000 prior to the Hongcheon-gun F (G’s clerical error), and Plaintiff B remitted the down payment of KRW 20,000,000 to E on the 11st of the same month.

B. However, on August 19, 201, E completed the creation of a collateral security and a written promise to pay transfer tax (hereinafter referred to as “written promise of this case”) with the content that “E shall create a collateral security and bear any legal measures if it is not paid within the said period,” stating that “E shall complete the establishment of a collateral security and the written promise to pay the transfer tax (including the additional tax) with respect to the real estate (hereinafter referred to as “instant real estate”) with respect to the real estate (hereinafter referred to as the “the total sum of the aforementioned registrations”). If E pays transfer income tax on the Republic of Korea Hongcheon-gun and 11 parcels, the Defendant shall terminate the establishment of a collateral security. The payment deadline of transfer income tax shall be within September 27, 2011, and if it is not paid within the said period, it shall be subject to any legal measures.”

C. Accordingly, on August 25, 201, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real property by Hongcheon District Court, Hongcheon District Court, 201, No. 20479, which was received on August 25, 201, and by the obligor E (hereinafter “instant right to collateral security”).

Plaintiff

A From October 1, 2011 to purchase 2,677 square meters of the instant real estate from E and E, the same month.

7. On December 28, 201, a sales contract was concluded with the content of purchasing 300 square meters among the G in the Hongcheon-gun of the Gangwon-do, and on December 28, 201, a sales contract was concluded with the content of purchasing 4,847 square meters and 420 square meters among the 5,181 square meters and the K.

E. Meanwhile, the instant real estate was combined on October 201 and became 26,082 square meters prior to H, and the said real estate was divided into 12,901 square meters prior to H, M 744 square meters prior to L, M 658 square meters prior to K, M 1,293 square meters prior to K, 658 square meters prior to J, 5,181 square meters prior to J, 1,254 square meters prior to O, and 3,393 square meters prior to P, around December 201.

F. In addition, around January 2012, around H, 12,901 square meters prior to H is 1,435 square meters prior to H, Q2 1,106 square meters prior to Q2, 1,506 square meters prior to R, 1,506 square meters prior to S, 1,464 square meters prior to C.

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