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(영문) 울산지방법원 2016.01.29 2015가단9751
근저당권말소 절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The legal relationship between the Plaintiff and the said C (1) C awarded a contract to E for the new construction of the F collective housing building in Ulsan-gun, Ulsan-gun (hereinafter “instant collective housing”) (hereinafter “instant construction”).

(2) Subsequent to April 27, 2013, C and E agreed on April 27, 2013, with the remainder amount of the instant construction project to be paid by C to E as KRW 580 million, and with the maximum maximum debt amount of KRW 120,000,000, the amount of said remainder amount to be KRW 120,000, to the person designated by E in the instant land owned by

(3) On July 2, 2013, upon the request of the Plaintiff and the said C, converted the remainder of the construction work of the instant apartment building into the loan obligation against the said Plaintiff, and agreed to set up a collateral security right of KRW 560 million among them up until August 31, 2013, and the remainder of KRW 300 million up until October 31, 2013, respectively; however, if the principal is not paid, the interest of KRW 20 million per annum shall be added and the maximum debt amount of KRW 70 million shall be set up.

(4) Thereafter, on July 4, 2013, the registration of creation of a mortgage over the instant land owned by the said C was completed with the Ulsan District Court No. 68138, the maximum amount of the debt to the Plaintiff and the maximum amount of debt KRW 700,000,000.

(5) Meanwhile, upon delay in the payment of the above agreed amount, the Plaintiff filed a lawsuit with the Ulsan District Court 2014Kahap3081 against the above C on May 12, 2014. In the above case, the judgment of the court below that “The above C shall pay to the Plaintiff 560 million won and the interest rate of 20% per annum from November 1, 2013 to the date of full payment.” The above judgment became final and conclusive on November 13, 2014.

B. The legal relations between the above C and the Defendant (1) The Defendant: (1) the said C’s KRW 45 million on June 15, 2012; and (2) the same year.

7.2. 50 million won was each lent.

(2) On the other hand, G, the Defendant’s spouse, is owned by the Defendant on June 8, 2012.

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