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(영문) 인천지방법원부천지원 2014.08.22 2013가합10559
근저당권말소등기 청구의 소
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 November 6, 2010, the Plaintiff entered into a sales contract with C, D, and E (hereinafter referred to as “C, etc.”) on the condition that the subject matter of the sale is 500 square meters of the Seocheon-gu, Seocheon-gu, Busan, and H land 2,985 square meters and 299.75 square meters of the above ground buildings (9.67 square meters) and the purchase price is 1.5 billion won, with C, etc. to purchase the subject matter of the sale.

B. On February 10, 2011, the Plaintiff entered into a sales contract with C to purchase the subject matter of sale with the sales amount of KRW 440 square meters out of the land in Seocheon-gu, Seocheon-gu, Seocheon-gu, and with the sales amount of KRW 300 million.

C. After that, the registration of the establishment of a neighboring mortgage with respect to each real estate indicated in the attached Tables 2 and 3, 2,000 square meters and 2,456 square meters before the division, which was received on February 21, 201 from the Incheon District Court Branch of the Incheon District Court, No. 15294, Feb. 21, 201; the mortgagee of the right to collateral security as the defendant who is the father-gu, Seocheon-gu, Seocheon-si

(hereinafter the Defendant’s above right to collateral security (hereinafter “instant right to collateral security”).

The Plaintiff paid all the remaining amount, excluding KRW 15,50,000,000, out of the agreed purchase price under each of the above sales contracts, to C, etc. on September 11, 2013, the Plaintiff divided the total amount of 2,456 square meters in the attached Table No. 1, which was 510 square meters before the date of the said subdivision, into the land in the attached Table No. 1, Seocheon-gu, Seocheon-gu, Jungcheon-gu, I, and 202 square meters before J., and completed the registration of transfer of ownership on each of the real estate indicated in the attached Table No. 1, the subject

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 9, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the right to collateral security was established to secure KRW 350,00,00,000, out of the sales amount debt against the Plaintiff C, etc.

However, as seen above, the Plaintiff paid all the remainder of the purchase price, excluding the KRW 15.5 million, and the above KRW 15.5 million obligation on behalf of the Plaintiff C, etc.

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