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(영문) 수원지방법원 평택지원 2018.10.26 2017가단61490
근저당권말소
Text

1. All of the plaintiff's main claims are dismissed.

2. The lawsuit on the ancillary claim part among the lawsuit in this case shall be dismissed.

3.

Reasons

1. Basic facts

A. Between the parties, the Plaintiff is the owner of Pyeongtaek-si Seoul Special Metropolitan City’s 2,780 square meters (hereinafter “instant land”). The Defendant is the owner of the instant land, and the Defendant, on September 8, 2015, filed an application for the additional registration of the transfer of the right to collateral security with the maximum debt amount of KRW 300 million, which was received as No. 6273 on September 8, 2015, with the Suwon-si District Court of Suwon Special Metropolitan City as to the instant land, as to the right to collateral security of KRW 300,000,000,000 with the maximum debt amount received as of September 2, 2016, completed the additional registration of the transfer of the right to collateral security as of September 2, 2016, and received a decision of voluntary auction of the real estate from

(A), 2.2

In the course of the investment agreement between the Plaintiff and Nonparty D and the establishment of mortgage in D’s name (1) the Plaintiff, while carrying out a neighboring land development project including the instant land in the name of the representative director, will be invested in the funds from Nonparty D. Around September 7, 2015, the Plaintiff entered into the following investment agreement (hereinafter “the first investment agreement”) with Nonparty D and the Fund for the settlement of disputes.

(A4) D’s investment amount is KRW 200 million, and D’s investment amount is deposited into the Plaintiff’s account on September 7, 2015, and D’s investment amount is set up with the Plaintiff a senior priority collateral of G association, and the Plaintiff and the Plaintiff and the Plaintiff-in-charged with the Plaintiff, and the Plaintiff and the Plaintiff-in-charged with the Plaintiff, who generated profits by consulting with the Plaintiff on the development of six lots of land, such as H (forest) and I (B) adjacent to the instant land, shall delegate the authority to the Plaintiff-in-law in relation to the sale of the developed land to a third party within two years from the date of investment, and the Plaintiff and the Plaintiff-in-law shall pay KRW 300 million, including the investment principal and the investment price, to D within two years from the date of investment.

(2) Around September 7, 2015, D paid KRW 200 million to the Plaintiff, and, in accordance with the first investment agreement from the Plaintiff, the Plaintiff was established with respect to the instant land under this Court’s first investment agreement, No. 66273, Sept. 8, 2015, the maximum debt amount of KRW 300 million (hereinafter “the instant mortgage”). (A)

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