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(영문) 광주고등법원(전주) 2016.10.06 2015나1197
근저당권설정등기 말소등기등
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff and C are owners of 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). D and L jointly invest the instant real estate and intend to operate an entertainment drinking club (Ga clubs) after purchasing the instant real estate as follows.

B. On August 9, 2013, the Plaintiff and C concluded a sales contract with D on the instant real estate (hereinafter “instant sales contract”), and the following was determined regarding the sales amount.

1) The Plaintiff receives KRW 100,000,000 as down payment of KRW 2,650,000,000 on the date of the contract, the intermediate payment of KRW 600,000 on August 16, 2013. Upon the receipt of all of the payment, the Plaintiff transferred the Plaintiff’s equity interest and all rights, such as the instant real estate, corporeal movables, possession right and business license certificate, etc., and KRW 700,000,000 out of the remainder of KRW 1,950,000,000 on the instant real estate as collateral, succeeded to D’s loan obligations to the Plaintiff’s community credit cooperatives that offered the instant real estate as collateral, and KRW 1,250,000,000 on the remainder of KRW 1,250,000 on September 15, 2013. If C changes to the repayment period, and thereafter, the purchaser of the instant real estate at the age of KRW 15,00,0.

C. D paid to the Plaintiff the down payment of KRW 100,000,000 on the day of the instant sales contract, and paid the Plaintiff KRW 500,000,000 on August 19, 2013, and KRW 100,000,000 on August 21, 2013, and KRW 600,000,000 on an intermediate payment, but the expenses incurred in transferring the Plaintiff’s shares were not prepared.

On the other hand, upon D’s request, the Plaintiff completed the registration of creation of a joint collateral security (hereinafter “instant collateral security”) with respect to the Plaintiff’s share among the instant real estate, which constituted the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 350,000,000, as the Jeonju District Court No. 68686, Aug. 19, 2013.

(e)D is named in the name of a juridical person;

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