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(영문) 수원지방법원성남지원 2016.01.22 2015가단22013
근저당권말소
Text

1. The defendant on February 195, 1995 registry office for the branch court of Suwon District Court as to the building stated in the attached list to the plaintiff.

Reasons

1. Presumed factual basis

A. On May 24, 1994, the Plaintiff: (a) sold the building listed in the separate sheet (hereinafter “instant building”) from the Defendant to KRW 133,168,000; and (b) paid the Defendant the down payment amount of KRW 13,316,80,000 in relation to the method of payment of the price; and (c) KRW 53,00,000 out of the remainder to be loaned from Nonghyup; (d) borrowed money from the Defendant; (e) KRW 39,950,000 from November 1, 1994 to May 1, 1997; (e) entered into a contract with the Defendant to pay the principal and interest in six installments (hereinafter “the instant sale”). At the same time, the Plaintiff entered into a repurchase agreement with the following terms.

Section 1 (Registration of Special Agreement for Redemption) A (Defendant) shall, in granting a loan to the Agricultural Cooperative for the subject-matter (the subject-matter of this case), make a registration of the special agreement for repurchase with A as a repurchase right holder in order to secure the exercise of the repurchase right by the time the ownership is transferred after the public study of the land (site of the building of this case) is organized, and Eul (Plaintiff) shall approve it. (2) The registration of special agreement for repurchase under paragraph 1 shall specify the following:

(1) The period of redemption shall be from the date the agricultural cooperative loan is executed to the time the public register of land is arranged and transferred.

Article 2 (Exercise of Right of Repurchase) (1) If B violates all the matters specified in the contract for sale in a factory, 2) If B makes an application for seizure and auction of the repurchase goods, 3) if B makes a request by a creditor due to default of loan obligations, etc. (Agricultural Cooperatives and Sungnam-si), Article 3 (Cancellation of Registration of Special Agreement for Repurchase of Repurchase shall be made by B upon receipt of necessary documents from A after the adjustment of land and transfer of ownership.

C. On February 22, 1995, the Plaintiff completed the registration of transfer of ownership under the Plaintiff’s name on the ground of the instant sale with respect to the instant building, and at the same time, the Defendant’s registration office for Sungwon District Court Branch Branch of Sungwon District Court (133,168,000 won from February 22, 1995, and the redemption period until December 31, 1997.

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