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(영문) 서울동부지방법원 2017.02.17 2015가합109964
근저당권말소
Text

1. The defendant (Counterclaim plaintiff) shall complete each real estate listed in attached Tables 1 and 2 to the plaintiff.

Reasons

Basic Facts

On December 4, 2012, 2012, the counterclaim Defendant newly constructed two 32 households of "multi-household housing F" (limited to "multi-household housing", and among them, D'Dong's ground housing and E'B Dong's ground housing) on the ground of the petition D and E and four parcels, Cheongju-si, Cheongju-si, and completed the registration of initial ownership on December 4, 2012, G, which is an employee of the company he/she operates, and B, in the future of the Plaintiff.

From December 28, 2011 to May 7, 2012, the counterclaim Defendant lent total of KRW 339,100,000 (hereinafter referred to as “construction cost rent”) from the Defendant and his father (hereinafter referred to as “Defendant, etc.”) as the construction cost, from December 28, 201 to May 7, 201.

On January 14, 2013, the Plaintiff and G entered into a mortgage agreement with the Defendant, etc. with respect to 10 households among 16 households of multi-household A and 16 households of multi-household A owned by G, and multi-household B and 16 households of the instant real estate owned by the Plaintiff, respectively, with respect to each maximum debt amount of KRW 10 million among the 16 households of multi-household A and 16 households of the instant multi-household B and owned by the Plaintiff, and with respect to each of the instant real estate as the obligor counter-defendant, and completed the registration of creation of each neighboring mortgage (the “registration of creation of each of the instant real estate” or “each of the instant mortgage”). On the 15th of the same month

[Grounds for recognition] Facts without dispute, Gap 2, 13 evidence, Eul evidence Nos. 1 (including a serial number; hereinafter the same shall apply) and the plaintiff's assertion as to the plaintiff's claim for the main claim of the lawsuit as a whole, the defendant agreed to cancel the right to collateral security between the first floor and the first household of each of the instant collateral security claims at the time of the establishment of each of the instant collective security claims as to the plaintiff's repayment of KRW 10 million out of the rent for construction expenses.

The Plaintiff and the counterclaim Defendant (hereinafter collectively referred to as the “Plaintiff, etc.”) have directly repaid KRW 32,126,106 to the present, or have the obligation of the Defendant, etc.

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