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(영문) 춘천지방법원 2019.01.09 2018가합50928
말소승낙의 의사표시 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2009, the Plaintiff sold real estate listed in the attached Tables 1 and 2, which he/she owned with F, to F in KRW 574,030,480; however, the Plaintiff agreed to receive the remainder of KRW 564,030,480 on the date of the contract, and the remainder of KRW 564,030,000,000 from June 15, 2012.

(B) The “instant contract” refers to “the instant contract.” F paid the Plaintiff the down payment of KRW 10 million on the date of the instant contract, and on June 24, 2009, as to the real estate listed in the separate sheet No. 6301 on June 24, 2009, the Chuncheon District Court’s receipt of the registration office, and as to the real estate listed in the separate sheet No. 6302 on the same day, each registration of ownership transfer is completed (hereinafter collectively referred to as “the instant

(C) On March 27, 2012, Defendant E Cooperatives established a mortgage and superficies contract with F and attached Schedules 7, 8, and 9 on real estate. On February 4, 2014, Defendant E Cooperatives completed the registration for the establishment of a mortgage (the maximum amount of claims KRW 91 million, debtor F) and superficies (the ownership of the subject building or other structure or trees, the entire duration of the property, 30 years from March 27, 2012, and no rent) around 3217, which was received by Jeju District Court No. 3217, which was received by Jeju District Court. Defendant D Cooperatives completed the registration for the establishment of a mortgage (the maximum amount of claims KRW 91 million, the debtor F), the entire duration of the property, 30 years from March 27, 2012, and no rent).

2) On April 14, 2014, a contract to establish a mortgage was concluded on the same day, and the registration of establishment of a mortgage was completed on October 10, 2014 (the maximum amount of the claims KRW 98 million, and the debtor F) by the receipt of the same registry office under Article 3142 on the same day. (3) On the same day, a contract to establish a mortgage was concluded on October 10, 2014, and completed the registration of establishment of a neighboring mortgage (the maximum amount of claims KRW 42 million, and the debtor F) by the receipt of the same registry office under

E. Defendant Republic of Korea: (a) on January 4, 2016, with respect to real estate listed in Schedule 1 through 9 and Schedule 2, the tax revenue management division for seizure, T148, and tax items.

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