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(영문) 춘천지방법원 2019.11.13 2018가단50075
가등기말소
Text

1. The Defendant received on January 4, 2013 from the Chuncheon District Court as to each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owns each real estate listed in the separate sheet (hereinafter “instant real estate”) after completing the registration of transfer of ownership as the receipt of No. 65819 on December 15, 2009 as of December 15, 2009 on the grounds of inheritance due to the agreement division as of August 26, 2009.

B. On March 26, 2010, the Plaintiff created a joint collateral security worth of KRW 104,000 with respect to the instant real estate (hereinafter “C”) and loaned KRW 95 million with respect to the instant real estate from the said C (hereinafter “instant collective collateral security”), the amount of KRW 80,000,000,000 from March 30, 201, and KRW 5,000,000,000,000,000 from the said C.

On April 2010, the Plaintiff repaid the principal amount of KRW 5 million with respect to the loans of KRW 80 million among the above loans.

C. On January 4, 2013, the Plaintiff entered into a pre-sale agreement with the Defendant that “the Defendant purchases the instant real estate from the Plaintiff, but the purchase price would be cancelled by the Defendant,” and then completed the registration of the right to claim transfer of ownership on the said real estate in the future of the Defendant, Chuncheon District Court No. 643, Jan. 4, 2013, “as the receipt of the said real estate on January 4, 2013,” which was based on the pre-sale agreement on January 4, 2013.

The Plaintiff paid to C, around 2013, KRW 10 million out of the principal and interest of KRW 80 million, KRW 5 million out of the principal and interest of KRW 5 million, KRW 25 million out of the principal and interest of KRW 10 million, and KRW 25 million out of the total amount of KRW 10 million, and the Defendant paid interest on the above collateral security obligation from the date of the conclusion of the contract to the date of the closing of argument in the instant case.

Since the plaintiff or the defendant did not repay the principal of the above-mortgage debt, the secured debt of C in the name of the real estate in this case as of the date of the closing of argument in this case remains 65 million won in the balance of principal.

E. From October 31, 2017, the Plaintiff cancelled or cancelled the right to collateral security established by the Defendant on the instant real estate.

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