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(영문) 서울동부지방법원 2014.10.23 2013가합16389
근저당권설정등기말소
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On September 23, 2011, Nonparty E filed an application for purchase of KRW 3,321,110,000 from the voluntary auction procedure (G) with the District Court on the Fancheon-si, Dongcheon-si (hereinafter “instant land”) for KRW 106,810m2 (hereinafter “the instant land”), and paid KRW 332,11,00 with the bid deposit on the same day. Nonparty E received a decision of permission for sale on September 30, 201.

E borrowed KRW 1,400,00,000 from September 12, 201 to December 201, 201, from Non-party to Non-party to Non-party to the Newdong Saemaul Bank, KRW 280,00,000 from Non-party to Non-party to Non-party to Non-party to the Plaintiff’s husband, and KRW 80,00,000 from Non-party to Non-party to Non-party to the Plaintiff (However, 650,00,000 from the above Newdong Saemaul Bank was invested in the manner that the Plaintiffs bear the same amount of money). On December 12, 201, E acquired ownership of the instant land between the Plaintiffs and Non-party to the Plaintiff, and entered into an agreement for joint development with the Plaintiffs by dividing the ownership transfer registration into a joint development cycle.

E received the registration of ownership transfer of the instant land on the same day on the grounds of sale by voluntary auction on December 13, 2011, and on the same day, the registration of ownership transfer was made in order, as follows:

The establishment registration (No. 20815) of a neighboring mortgage of KRW 1,820,00,000 in the name of the New Saemaul Depository (No. 20813) shall be registered as a creation of a neighboring mortgage of KRW 650,00,000 in the title of H (No. 20815) with the maximum debt amount of KRW 2,00,000 in the name of the Plaintiff, as the J in the name of the 2,00,000,000 among the instant land on April 10, 2012, the establishment registration (No. 20866) of a neighboring mortgage of KRW 4,2202 in the instant land shall be divided into D, and the instant land shall remain in the land on three lots as follows.

F forest 54,525m2 (hereinafter referred to as “instant 1”) J forest 4,220m2 (hereinafter referred to as “K forest 4,220m2”) in Dong-gu, Dong-do (hereinafter referred to as “instant 2 land”) D.

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