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(영문) 청주지방법원 2015.11.04 2014가합28630
근저당권말소
Text

1. Defendant E, Defendant F, and Defendant F, respectively, with the share of 3/13 of the amount of 8,192 square meters in the petitioner-gu Lanju-si Lan-si Lan-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 5, 1990, Cheongju-si, which was owned by the deceased M (hereinafter “the deceased”), the establishment registration of a collateral security (hereinafter “the collateral security”) was completed with respect to the deceased’s accommodation of the deceased, the maximum debt amount of KRW 10 million, and the debtor’s mortgage (hereinafter “the collateral security”). On June 16, 1996, the deceased died on the part of Defendant E, children, Defendant F, G, H, I, I, and H, I, and H, the deceased, inherited the rights and obligations of the deceased’s wife, Defendant E, Defendant F, G, H, I, and JO, the wife of the deceased’s wife.

B. On April 22, 2008, the Cheongju District Forestry Association registered the creation of a collateral (hereinafter “instant collateral”) and the creation of a superficies (hereinafter “instant superficies”) with the debtor as the deceased on April 22, 2008, with respect to the instant real estate, the registration of the establishment of a collateral security (hereinafter “instant collateral security”) and the creation of a collateral security (hereinafter “instant superficies”) was completed, in addition to the instant collateral security and the first collateral security.

C. On November 2, 2008, the Deceased sold the instant real estate to Defendant KW (hereinafter “Defendant clan”) in the purchase price of KRW 1.32 billion (the contract amount of KRW 50 million shall be paid on the date of the contract, the intermediate payment of KRW 782 million shall be paid on December 2, 2008, and the remainder of KRW 200 million shall be paid on April 15, 2009), and a sales contract was concluded with a special agreement stipulating that the instant real estate shall be transferred to a grave installed on the ground of the instant real estate before the remainder payment date and the instant collateral security and superficies shall be cancelled.

(hereinafter “instant sales contract”). D.

On November 21, 2008, the deceased entered into the following additional arrangements with the Defendant clan with respect to the implementation of the instant sales contract (hereinafter “instant agreement”), and on the same day, the deceased received an intermediate payment of KRW 782 million from the Defendant clans pursuant to the instant sales contract, and received KRW 782 million from the Defendant clans as well as the instant collateral security and the instant case.

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