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(영문) 제주지방법원 2016.12.14 2015나5385
근저당권말소
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) A and Plaintiff B are dismissed.

2. The costs after the appeal has been filed.

Reasons

1. Facts of recognition;

A. On March 26, 2009, the Defendant lent G with his wife as a joint guarantor and lent KRW 200 million to G. G, on March 26, 2009, the Defendant created a provisional registration of the right to claim for transfer registration of ownership based on the pre-sale agreement for the Defendant as a person entitled to provisional registration (hereinafter “the provisional registration of this case”) on each real estate listed in the attached list Nos. 1 through 7 in the H’s name (hereinafter collectively referred to as “real estate No. 1”).

Afterward, G defect in the registration of ownership transfer from H to H on June 22, 2009, the defendant filed a lawsuit against the above H on the implementation of the principal registration procedure based on provisional registration under the Jeju District Court 2009Kadan23718, and the judgment in favor was rendered on May 25, 2010, and the above judgment became final and conclusive on the business.

B. On October 27, 2010, E, the ancillary of Plaintiff B, intended to exchange the real estate 1 with five parcels, including Gyeonggi-do I, and entered into an exchange contract (No. 9) with the Defendant to take over the Defendant’s obligation to D. On the same day, E and the Defendant enter into an agreement between the Defendant and the Defendant to provide the Defendant with the waiver of ownership transfer registration and the original copy of the judgment (No. 8) by means of all the documents necessary for the termination of the instant provisional registration at the same time as the remainder payment is made.

Article 1: The defendant, etc. does not sell the real estate to a third party without the consent of the plaintiff, etc. until April 27, 2012, and if the plaintiff, etc. pays 370 million won in lump sum payment within the above period, the real estate shall be sold to the plaintiff, etc.

Article 4: Interest KRW 31 million to be paid by the Plaintiff, etc. shall be paid to the Defendant, etc. by April 27, 2012, and the Defendant, etc. shall terminate the right to collateral security on each of the real estate listed in the separate sheet No. 8 and 9 (hereinafter collectively referred to as “second real estate”) listed in the separate sheet at the same time as the acquisition of interest payment.

Article 7:This Agreement.

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