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(영문) 수원지방법원평택지원 2017.08.16 2016가합9027
근저당권말소
Text

1. Defendant B and C shall effect on November 2014 the Suwon District Court’s Songwon District Court’s registration office with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is the owner of each real estate listed in the separate sheet (hereinafter “instant land”). The Defendants are the parties who completed the registration of establishment of a neighboring mortgage or the additional registration of the transfer of a right to collateral security regarding the instant land.

B. On August 26, 2013, the Plaintiff entered into a sales agreement with Defendant B on the purchase price of KRW 2,260 square meters among Pyeongtaek-si F, KRW 1406 square meters among G, and KRW 134 square meters among H, and Defendant B paid KRW 400 million to the Plaintiff. The Plaintiff agreed to cancel the sales agreement with Defendant B, who did not transfer the registration under the said sales agreement, and pay KRW 400 million in total KRW 400 million and 200 million interest thereon. In order to secure the above 60 million debt against Defendant B, the Plaintiff completed the registration of the establishment of the mortgage of the maximum debt amount of KRW 35365 on November 11, 2014 with respect to the instant land (hereinafter “mortgage 1”).

(2) Meanwhile, Defendant B lent KRW 45 million to the Plaintiff on July 7, 2015.

(hereinafter “instant loan”). C.

Plaintiff

1) The Plaintiff is the Plaintiff’s land owned by Pyeongtaek-si, H, I, J, F, and K (hereinafter “Plaintiff’s land”).

The registration of the right to collateral security and provisional seizure has been completed with respect to the right to collateral security and the right to collateral security (hereinafter “the right to collateral security”).

(2) Upon the commencement of the auction procedure upon the request, the Plaintiff intended to voluntarily dispose of the land owned by the Plaintiff and pay all the obligations from the buyer with the purchase price. (2) The Plaintiff delegated LA with all necessary affairs, such as receipt of the purchase price for the land owned by the Plaintiff, completion of the registration of ownership transfer to the buyer, repayment of existing debts and collateral security, cancellation of the registration of provisional seizure.

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