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(영문) 의정부지방법원 고양지원 2018.09.07 2017가단71976
근저당권설정등기말소 등
Text

1. Defendant C shall pay 40,000,000 won from the Plaintiffs and 15% per annum from January 1, 2017 to the date of full payment.

Reasons

1. Fact-finding;

A. The Plaintiffs, as married couple, share 954/2079 shares (Plaintiff B) and 1125/2079 shares (Plaintiff A) in the real estate listed in attached Table No. 1 (hereinafter “E land”). As to this land, the establishment registration of the right to collateral security (hereinafter “mortgage”) was completed on December 31, 2015, which is the maximum debt amount of KRW 40 million, the debtor, B, and Defendant C, the mortgagee of the right to collateral security (hereinafter “the right to collateral security”).

B. On November 4, 2010, the Plaintiffs and Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) drafted a written statement of implementation with the following content for the purpose of securing access roads to the land of Ilyang-dong, Busan-gu, the ownership of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(hereinafter “instant performance letter”). ① Since the current category of land G and H is a road in Yongsan-gu, Busan-gu, and Yangyang-si, the Plaintiffs, simultaneously with the payment of the purchase price of the Defendant Company, shall deliver documents required for the registration of ownership transfer to the Defendant Company.

② Since the land category I is currently the current category of land in Ilyang-gu, Seoyang-si is a warehouse site, the Plaintiffs shall divide access road into 152 square meters and transfer the shares equivalent to 13 square meters among them to the Defendant Company.

③ The total area of land to be transferred by the Plaintiffs to the Defendant Company is 298 square meters (2) (13 square meters divided in the foregoing paragraph + 32 square meters in G land indicated in the same paragraph + 133 square meters in H land). The total amount of the above land is KRW 200 million, and the sale price of the entire land is determined as KRW 200,000,000,000 won

C. Meanwhile, the real estate listed in paragraph 2 of the Attached List (hereinafter “J land”) is above B.

② Since the agreement entered into in the port, it was divided into December 18, 2015 from the land I in Yongsan-gu, Manyang-si, Busan-si, and the original Plaintiff B shares 954/2079; and Plaintiff A shares 1125/2079; and Plaintiff B shares 10.6/231 shares out of Plaintiff B’s share on July 3, 2015 for each of the 954/2079 shares, and the registration of transfer of shares in the name of Korea-Friendly Association (hereinafter referred to as “Korea-Friendly Association”) and L was completed on December 31, 2015, and Korea-Friendly Association and L own neighboring land.

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