logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.01.14 2015가단111013
근저당권말소
Text

1. The defendant shall receive KRW 14,754 from the plaintiff and at the same time obtain the payment from the plaintiff, each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On January 5, 2015, the Plaintiff concluded a sales contract with the purchase price of KRW 305,635,000 with respect to each real estate listed in the separate sheet owned by Nonparty Incorporated Incorporated Company B (hereinafter “instant real estate”).

B. However, when the Plaintiff and the agricultural company B were unable to establish a shock network manufacturing factory on the instant real estate, they received, instead of cancelling the above sales contract, only the amount obtained by deducting 65 million won out of the purchase price, and transferred the ownership of the instant real estate to the Plaintiff. However, the Plaintiff sold the instant real estate to a third party. To secure this, the Plaintiff agreed to set up a collateral security right of KRW 65 million against D, the spouse of the representative of the agricultural company B, and the Plaintiff completed the registration of the establishment of the mortgage of KRW 65 million up to the maximum debt amount (hereinafter the “mortgage”). The Plaintiff completed the instant real estate as of March 12, 2015, with the Jinju District Court, Jincheon-si Registry, 4808, the maximum debt amount of KRW 65 million, as of March 12, 2015.

C. Meanwhile, on June 3, 2015, the Defendant transferred the instant right to collateral security from the said D, and completed the registration of transfer of the right to collateral security as of June 12, 2015. The Plaintiff agreed to pay KRW 65 million between the Defendant and the Defendant on July 13, 2015, on the payment of KRW 15 million until July 31, 2015, and KRW 50 million until December 31, 2015. If the amount of the instant right to collateral security is not paid by June 31, 2015, the Defendant paid the total expenses incurred in relation to the lawsuit for voluntary auction of real estate and for the claim for construction cost, and if the amount is not paid by December 31, 2015, the Defendant agreed to pay 6% interest per annum from the date of the transfer of the instant right to collateral security to the date of service of a copy of the complaint, and 20% interest per annum from the next day to the date of full payment.

(c).

arrow