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(영문) 부산고등법원(창원) 2017.09.21 2017나20909
소유권말소등기
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. 1) The Plaintiff’s real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the separate sheet owned by the Plaintiff

(2) On October 5, 2015, the Defendant and the Defendant purchased the instant real estate and machines and instruments installed inside the instant real estate from the Plaintiff in the amount of KRW 1.2 billion. However, the purchase price is to substitute payment by the Defendant for payment by accepting or subrogated a debt with the right to collateral security established on the instant real estate (hereinafter “instant sales contract”).

(2) On the same day, the registration of ownership transfer as stated in the purport of the complaint was completed in the Defendant’s future on the same day (hereinafter “registration of this case”).

(2) On October 27, 2015, the Defendant succeeded to respective collateral security obligations of the Plaintiff, the Plaintiff, the National Agricultural Cooperative Federation of Korea (hereinafter “Agricultural Cooperatives”), No. 3 (the maximum amount of claims KRW 640 million), No. 4 (the maximum amount of claims KRW 100 million), No. 5 (the maximum amount of claims KRW 200 million), and No. 7 (the maximum amount of claims KRW 240 million), each of which was established on the instant real estate, and repaid KRW 50 million, which was part of the separate amount of claims, incurred by the Plaintiff in Nonghyup at the request of Nonghyup to succeed to each of the said collateral security obligations.

3) In addition, on March 7, 2016, the Defendant repaid each of the following: (a) the obligor established on the instant real estate; (b) the obligor; (c) the obligor; and (d) the obligor; (d) the obligor; and (e) the obligor; and (e) the Plaintiff; and (e) the obligor; and (e) the Plaintiff; and (e) the Plaintiff, the Gyeongnam Bank; and (e) the obligor, the Plaintiff; and (e) the Plaintiff, who was established on the instant real estate on March 10, 2016, repaid each of the obligations on the collateral (Order 8) 160 million; and (b) cancelled the registration of the establishment of the instant real estate. The Plaintiff was related to the possession of the instant real estate

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