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(영문) 광주지방법원 2016.06.10 2015가합3862
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned C. Since around 1998, the Plaintiff leased and used a factory (real estate listed in the separate sheet No. 4) among each real estate of this case from C.

B. After C died on March 8, 2007, the remaining co-inheritors except the Defendant renounced their inheritance, and only the Defendant acquired the ownership of each of the instant real estate by inheritance with the qualified acceptance of C’s property.

C. At the time of the Defendant’s acquisition of each of the instant real estate, the registration of the establishment of joint ownership of each of the instant real estate was completed as follows.

On July 11, 1998, 1995, 44195, 4400,000 won of the maximum debt amount of the contract, 700,000,000 won on July 10, 1998, 1998, and 500,000,000,000 won of the maximum debt amount of the contract to be established on July 10, 1998, the National Agricultural Cooperative Federation of Korea National Agricultural Cooperative Federation of Korea, Inc., 4196, 44196, July 10, 1998, the debtor C-mortgage D3, 49129, 49129 on August 4, 1998, with the debtor C-mortgage C-3, the maximum debt amount of the contract to be established on August 4, 1998.

D. On August 16, 2013, the Plaintiff F entered into a contract for the transfer of collateral security (hereinafter “instant contract”) under which the Plaintiff F would be subject to the transfer of the establishment registration of collateral security (hereinafter “instant contract”) from D, and the main contents of the instant contract are as follows.

On July 10, 1998, based on the contract to establish a new mortgage as of July 11, 1998, Gwangju District Court (No. 44196, Jul. 11, 1998), registered the establishment of a new mortgage as of July 11, 1998. D transfers the above establishment of a new mortgage to F, and F acquires it by transfer.

The above amount of KRW 515,00,000 is the whole secured debt that C, the owner of each real estate of this case, must pay to D, and D shall pay the above amount by the following means:

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