logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.02 2019가단568286
근저당권설정등기 말소등기
Text

The defendant received KRW 110,00,000 from the plaintiff, and thereafter the plaintiff shall obtain each real estate listed in the attached Table 1.

Reasons

1. In fact, the Plaintiff purchased 2323/6598 shares among 6598 square meters of C Forest C forest land, which was invested by the Defendant, etc. and completed the registration of ownership transfer in the name of the Plaintiff on December 31, 2003. Of them, the Defendant’s investment amount is KRW 110,000,000.

In the case of partition of co-owned land, the Plaintiff independently completed the registration of ownership transfer on December 16, 2004 as to D forest land 2323 square meters in Sung-si.

Since then, between July 6, 2005 and October 30, 2019, each of the lands listed in the annexed Table 1 (hereinafter referred to as “each of the instant lands”, and, in case of an individual name, by the sequence thereof) was divided in sequence as follows:

On July 6, 2005, the remaining area of the D forest located in the land partitioned on the date of subdivision and partitioning, E, 30 square meters of land E, 2293 square meters of land on August 21, 2018 (i.e., the land indicated in paragraph (2) of the attached Table 1) 1651 square meters of 1651 square meters of land on October 30, 2019 (i.e., the land indicated in paragraph (3) of the attached Table 1), 1321 square meters of land in the instant case (i.e., the land indicated in paragraph (1) of the attached Table 1) (i., the land indicated in paragraph (1) of the attached Table 1), each of which was registered as a person with superficies on July 6, 2005, the establishment registration of a mortgage-based corporation, the period of which was registered as a person with superficies on July 6, 2005, and the establishment registration of superficies was completed.

On October 8, 2009, the Defendant completed the registration of creation of a mortgage (hereinafter referred to as the “registration of a mortgage of this case”) around the maximum debt amount of KRW 200,000,000 with respect to each of the instant lands.

On February 14, 2019, the Defendant applied for the auction of real estate for each of the instant lands on the basis of the registration of the instant right to collateral security (U.S. District Court I), and on February 19, 2019, the order of voluntary auction was issued on February 19, 201, but discussed with the Plaintiff and the method of settlement of investment funds after withdrawing the order on February 28, 2019.

On August 27, 2019, the Defendant: “Around September 20, 2019, the part 330 square meters in the ship, which connects each point of 1,2,3,4,5, and 1 of the attached Table 2 [ Map] to the Plaintiff on September 20, 2019, is in the state where the right is not registered.

arrow