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(영문) 청주지방법원 2021.02.18 2019나17059
근저당권설정등기말소
Text

All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

Expenses for appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

Basic Facts

A. On July 8, 2005, the Plaintiff was a stock company with the purpose of real estate consulting business, real estate-related mail order, and door-to-door sales business, and was designated and announced as a land transaction permission zone pursuant to Article 117 of the former National Land Planning and Utilization Act (amended by Act No. 8852 of Feb. 29, 2008) on each of the instant lands.

B. On December 5, 2005, the Plaintiff entered into a contract with the Defendant to sell KRW 160,1700,000,000 (hereinafter “the instant contract”) of the land of 1,653 square meters in Nam-gun, Nam-gun, Nam-gun, the Plaintiff owned (hereinafter “instant C forest”).

(c)

The Defendant paid to the Plaintiff KRW 161,700,000 for the first sale contract of this case, and on December 6, 2005, the ownership of the forest land of this case was transferred to the Plaintiff on the ground of the first sale contract of this case.

(d)

On October 17, 2006, the Plaintiff and the Defendant rescinded the agreement on the first sale contract of this case. On the same day, 500 square meters among each land of this case were sold to the Defendant at KRW 160,170,000,000, but the purchase price was fully paid on the date of the contract. When the designation of land transaction permission zone for each land of this case is revoked, the Plaintiff agreed to implement the procedures for the registration of ownership transfer (hereinafter “second sale contract of this case”) to the Defendant.

E. The defendant is about C forest land of this case on October 19, 2006 due to the cancellation of the above agreement.

The ownership stated in the subsection was cancelled by the cancellation of the preceding class.

F. On October 24, 2006, the Defendant filed a registration of the establishment of the right to collateral security (hereinafter “registration of the right to collateral security”) with the Cheongju District Court Decision No. 28189, Oct. 24, 2006, on the ground of a contract to establish the right to collateral security (hereinafter “registration of the right to collateral security”) on October 17, 2006, on the ground of the contract to establish the right to collateral security (hereinafter “registration of the right to collateral security”).

(g)...

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