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(영문) 인천지방법원 2019.08.30 2019가단211125
근저당권말소
Text

1. Defendant B received KRW 110,000,000 from the Plaintiff, and thereafter Defendant B is on the land size of KRW 2,402 square meters in Incheon Strengthening-gun.

Reasons

1. Facts of recognition;

A. 1) On December 28, 2017, the Plaintiff entered into a joint development agreement between the Defendant B and the Plaintiff on December 28, 2017, stating that “The Plaintiff provided 15 parcels of land, including Incheon-gun G, F, etc., and Defendant B successfully completed the joint development of the said 15 parcel of land through old-age, but pays business expenses and expenses for land development activities” (hereinafter “instant agreement”).

(2) The contract of this case includes the following special terms (Article 14).

1. The Plaintiff shall determine the amount of KRW 5,00,000,000 as compensation for G and 14 lots (31,173 square meters) outside G according to the joint development case.

3. Defendant B shall pay the amount of land compensation, and KRW 3,500,000,000 for land compensation and KRW 1,500,000 for agricultural and forest areas after the development of separate land shall be sold to the Plaintiff when a planned control area is permitted.

5. The time of permission shall be three months, and the extension may be extended with the consent of the plaintiff if necessary due to extenuating circumstances.

B. 1) The land involved in the instant contract is the land size of 2,402 square meters in Fancheon-gun, Incheon-gun, Incheon-gun (hereinafter “instant real estate”).

As to the registration of creation of a mortgage on November 7, 2018 (hereinafter “the creation of a mortgage of this case”), the establishment of a mortgage on the part of the Defendant B, the maximum debt amount of which is KRW 150,00,000,000, the debtor, the mortgagee, and the mortgagee B, due to the creation of a mortgage agreement of the Incheon District Court No. 34155

(2) In addition, regarding the registration of the establishment of a mortgage of this case, the amount of 100,000,000 won due to the establishment of a mortgage of this case by the Incheon District Court No. 34156 on the same day and the same day contract was completed by the debtor B, the creditor, the creditor C, D, and E.

C. Meanwhile, Defendant B transferred to the Plaintiff KRW 70,00,000,000 on March 9, 2018, and KRW 30,000,000 on May 3, 2018, and KRW 10,000 on December 10, 2018, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 7 and 8, the purport of the whole pleadings and arguments

2. The plaintiff's assertion is as follows.

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