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(영문) 대전지방법원천안지원 2017.06.23 2016가합102194
근저당권말소
Text

1. From December 31, 2017 to December 31, 2022, with respect to the Defendant (Counterclaim Plaintiff) B Co., Ltd. among the principal lawsuit of this case, December 31, 2012 annually.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the party is that the Plaintiff is a clan with C’s 62 years of age group D, and is the owner of the land indicated as “real estate indication” in the attached Form (hereinafter “instant land”) and Defendant B is a corporation with the purpose of operating golf courses.

B. On November 20, 2004, the Plaintiff was divided into the land of Asan City E (F on June 14, 2007 and the land of this case) by holding a clan assembly around November 20, 204.

hereinafter referred to as “land before the instant partition”

(2) On March 23, 2005, the Plaintiff entered into a contract with Defendant B to sell the instant land at KRW 300,000,000, even though the Plaintiff was appointed as the representative of the Plaintiff’s business performance or was delegated by the Plaintiff with the authority to dispose of the Plaintiff’s property, even though the G, which was the head of the division of the Plaintiff, did not have a resolution on disposal of the instant land before the instant subdivision.

(3) On June 14, 2007, G received 110,000,000 won from the Defendant on June 14, 2007, on which the instant land was divided, and Defendant B completed the registration of transfer of ownership on the instant land under the receipt of No. 29438, Jun. 14, 2007, as the Daejeon District Court’s Busan District Court’s Dasan Branch Office for the District of Daejeon District on June 14, 2007 (the grounds for registration in the register are “trade as of June 14, 2007,” but the said registration was completed based on the instant sales contract.

The registration is called the "registration of transfer of ownership of this case".

C. The Defendant B’s implementation of the development project and the establishment of the right to collateral security in the future of the Defendant Industrial Bank of Korea (hereinafter “Defendant B”) created a golf course on the ground outside of the H land of 16 lots, including the instant land, from October 2012.

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