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(영문) 청주지방법원충주지원 2019.01.10 2017가단4440
근저당권말소
Text

1. On February 17, 2017, the Defendant received the voice registry office of the Cheongju District Court with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

Facts of recognition

The Plaintiff entered into a construction contract with D with regard to the construction of a building listed in paragraphs (2) and (3) of the attached Table Nos. 2 and (3) of the attached Table on the ground of the land listed in the attached Table No. 1 (hereinafter “instant building”), and paid KRW 20 million on December 1, 2014, but succeeded to it on or around October 6, 2016, and drafted a written contract for construction with the Defendant as follows:

(hereinafter “instant contract”). The name of the construction project. The Plaintiff paid KRW 46 million to the Defendant, the remainder (after completion), KRW 3 million on March 31, 2016, KRW 300,000, KRW 1500,000 on April 2, 2016, and KRW 1500,000 on April 201, KRW 200,000 on April 2016, and KRW 46 million on April 2016 (=4 million on April 1, 2016) to December 30, 206.

On December 14, 2016, the instant building was approved for use on December 14, 2016, and the Plaintiff spent KRW 1,563,000 to purchase the instant building on the same day on behalf of the pre-existing etc. not installed by the

On January 5, 2017, the Defendant paid KRW 30 million to the Plaintiff. The original Defendant paid the remainder after completing the defect repair work and receiving the payment for the unpaid construction cost. Accordingly, the Defendant set up a collateral security to secure the unpaid construction cost. Accordingly, the Plaintiff completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant on February 14, 2017, the Cheongju District Court Cheongju District Court No. 4416, Feb. 14, 2017, against the maximum debt amount of KRW 57 million (hereinafter “instant collateral security”).

Since then, the Plaintiff paid KRW 20 million to the Defendant, KRW 10 million on February 28, 2017, KRW 5 million on March 15, 2017, and KRW 20 million on May 11, 2017.

On June 12, 2017, the Defendant received a voluntary decision to commence the auction on the instant real estate based on the instant collateral security.

(Cheongju District Court AssistanceF). The Plaintiff paid KRW 10 million to the Defendant on June 16, 2017, and the Defendant withdrawn the above auction on June 21, 2017.

The defendant.

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