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(영문) 울산지방법원 2018.01.19 2017가단11635
근저당권설정말소등기
Text

1. The defendant on April 7, 2015 to the plaintiffs as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On October 25, 2011, D acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the said real estate by the Ulsan District Court No. 23061, Apr. 7, 2015, which was received on April 7, 2015 from the Ulsan District Court Yangsan District Court, with respect to the Defendant, KRW 160,000,000 for a maximum amount of debt on the ground of a contract to establish a collateral security (hereinafter “instant collateral security”).

B. On April 3, 2017, the Plaintiffs purchased the instant real estate from the Defendant in the amount of KRW 590 million, and completed the registration of ownership transfer as to the said real estate under the receipt of 27192 from the Ulsan District Court Yangsan Branch Office on April 5, 2017.

C. At the time when the plaintiffs purchased the instant real estate from the defendant, the real estate of this case was registered with the claim amounting to 65,434,931 won in addition to the instant collateral security, the provisional attachment registration with the creditor as the defendant, and the voluntary decision to commence auction upon the application of the Ulsan District Court E-auction.

D) The Plaintiffs stated that “if the Plaintiff pays KRW 230 million to the Defendant, the Defendant promised to cancel or withdraw all of the instant collateral security, the instant provisional seizure, and the voluntary auction,” and that the Plaintiffs remitted KRW 230 million to the Defendant on April 27, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs' assertion 1) If the defendant paid KRW 230 million to the defendant via D, the defendant agreed to cancel the registration of the establishment of the creation of the creation of the creation of the creation of the neighboring mortgage of this case, and the plaintiffs paid KRW 230 million to the defendant. Thus, the defendant is obligated to cancel the registration of the establishment of the creation of the creation of the neighboring mortgage of this case. 2) The defendant was not obliged to cancel the registration of the establishment of the creation of the creation of the

And the amount of damages is 203.3 billion won from the plaintiffs.

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