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(영문) 창원지방법원 2019.09.10 2019가단107381
근저당권말소
Text

1. The defendant received on September 13, 2006 from the Changwon District Court as to each real estate listed in the attached list from the plaintiff.

Reasons

1. Basic facts

A. C apartment construction disputes 1) D Co., Ltd. (hereinafter “D”).

corporation E (E in total before and after the change, corporation F, and hereinafter referred to as “E”).

(2) The Plaintiff completed the registration of ownership preservation on September 7, 2007, upon entering into a contract for construction, C apartment, an aggregate building, and completed the registration of ownership preservation. The Plaintiff is a C apartment G (hereinafter “instant apartment”).

(2) Each site ownership listed in the separate sheet corresponding to the site ownership (hereinafter referred to as “instant site ownership”)

“The owner is the owner.”

On September 13, 2006, the Defendant is a mortgagee who registered the establishment of a mortgage in his name on the whole land indicated in the Nos. 1 through 10 of the separate sheet corresponding to the apartment site of this case, including the site ownership of this case.

2) D failed to pay the construction cost of the above C Apartment to E, and E borrowed a large amount of money from the Defendant and H under the joint and several guarantee of D, and the Plaintiff also lent KRW 1.1 billion to E in the name of the wife. Accordingly, from the end of 2007, a number of disputes arising from the above-mentioned claims and obligations occurred among interested parties, including E, D, Plaintiff, and Defendant. 3) E filed a lawsuit against D with the Changwon District Court 2008Gahap2791, and the mediation clause (hereinafter “instant mediation clause”) was concluded between the parties on October 22, 2009, and the main contents of the mediation clause are as follows:

1. The construction cost to be paid by D to E shall be KRW 3.6 billion after deducting the construction cost of the portion directly executed by D from KRW 5.26 billion for the agreed construction cost of KRW 5.6 billion for the agreed construction cost of KRW 3.66 billion.

3.2

D The obligation to H among the obligation to be subrogated as a joint and several surety by this E shall be paid KRW 345 million under an agreement between D and H, and such obligation shall be deducted from the settlement amount of the above construction cost to KRW 3.66 billion.

5. E’s obligations are five-household M, N,O, P, E’s five apartment units paid to J, K, and L.

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