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(영문) 서울중앙지방법원 2019.01.17 2017가합566421
근저당권말소
Text

1. Defendant C limited liability company is the Suwon District Court in relation to each real estate listed in the attached Table 1 list to the Plaintiff.

Reasons

1. Basic facts

A. 1) The non-party D Urban Development Association (hereinafter “non-party D”) is an urban development cooperative under the Urban Development Act established to implement an urban development project on the size of 475,948 square meters per day of Pyeongtaek-si E (hereinafter “the instant project”). The Defendant B Co., Ltd. (hereinafter “Defendant B”) is an agency for the development of the instant project. 2) The Plaintiff was the owner of each land listed in the separate sheet No. 2, located within the business area of the non-party D Co., Ltd. (hereinafter “each of the instant land”) located within the instant project area by a member of the non-party D Co., Ltd. (hereinafter “the instant land”), and according to the sequence thereof, the Plaintiff was the owner of each land listed in the separate sheet No. 1 through No. 7, 2015 (hereinafter “the instant land”). Following the divorce with G who was his spouse on July 28, 2015, the registration of ownership transfer was completed on the instant land to G and all of the Plaintiff related rights to the said land.

B. Around July 6, 2009, the Plaintiff and Defendant B entered into an agreement related to the instant project (hereinafter “instant agreement”) with Defendant B, and the main contents of the agreement (hereinafter “instant agreement”) drafted at the time of the said agreement are as follows. The Plaintiff, a single owner of each of the instant land and buildings (H golf course) and the Plaintiff and Defendant B, a sole owner of the instant agreement, and an urban development project execution agent (presumed), shall enter into an agreement and implement in accordance with the principle of trust and good faith in participating in the instant project, which is implemented by designating the land of Pyeongtaek-si E, including the said land as an urban development project zone. Article 2 (Land Substitution Plan)

1. The replotting method and the replotting method shall be, in principle, the replotting method and it shall be calculated in comprehensive consideration according to the characteristics of the relevant parcel;

2. Location and area of replotting (1) The location of replotting shall, in principle, be a land substitution;

(2) On November 2008, the current I site shall be located.

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