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(영문) 의정부지방법원고양지원 2017.05.12 2016가단90611
근저당권설정등기말소 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 7, 2014, the Plaintiff entered into a sales contract with C on a purchase price of KRW 1,249,500,000 for each real estate listed in the separate sheet (hereinafter “instant real estate”) and KRW 70,00,000 for each real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Plaintiff paid KRW 364,00,000 to C as a down payment.

B. On February 10, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate, excluding 364 square meters and 144 square meters in Pakistan-si among the real estate purchased as above.

C. On the same day, the Plaintiff received loans from the Industrial Bank of Korea as security KRW 869,916,900, and paid KRW 250,000 to C as part of the balance, and agreed to accept KRW 50,000,000 and the debt owed to the Defendant and KRW 200,000,000 among the remainder.

On February 17, 2014, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate to the Defendant, with the maximum debt amount of KRW 50,000,000,000, and the Defendant and the debtor as the Plaintiff, and completed a written confirmation on March 5, 2014, as follows.

The promise to pay 50 million won (50,000,000 won) in part of the balance of Gri land trade to the defendant by May 30, 2014 together with the agreed interest.

To secure this, I would like to establish a mortgage on Gri land.

In the event of failure to implement this, I will be responsible for all legal procedures concerning the situation that occurs after paying the interest of 7% per annum from the following day.

E. The Plaintiff continued to pay to the Defendant the agreed interest in accordance with the above written confirmation from April 1, 2014 to March 2016, and paid KRW 10,00,000,000 on December 3, 2014, and KRW 2,000,000 on January 15, 2016, and KRW 3,00,000,000 on February 29, 2016.

(f).

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