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(영문) 제주지방법원 2019.01.22 2018가단6173
근저당권설정등기 말소등기
Text

1. The Defendants are with respect to one-third share in the Plaintiff’s name among the 17,673 square meters of land in Jeju-si D Forest.

Reasons

1. Facts of recognition;

A. On August 2017, the Plaintiff and the Defendants prepared two copies of a confirmation document stating that “the Plaintiff purchased pine seedlings from the Defendants on or around November 2016, with the payment date fixed as the end of December 2017 (hereinafter “instant confirmation document”), and paid KRW 25 million out of the payment of the said seedlings to the Defendants.”

B. On October 18, 2017, the Plaintiff owned one-third share of D Forest No. 17,673 square meters (hereinafter “instant land share”). In order to secure seeds and seedlings payment obligations in accordance with the instant confirmation, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the instant share as the Jeju District Court No. 104289, which was the Defendants as the maximum debt amount of KRW 180,000,000,000,000 won, the debtor, and the Plaintiff as the Defendants of the right to collateral security (hereinafter “instant collateral security right”).

C. On January 16, 2018, the Defendants, based on the instant collateral security, filed a request for auction to exercise a security right with the claim amounting to KRW 155,00,000 ( KRW 180,000,000, - KRW 25,000), which is the balance of the purchase price of the instant seedlings with respect to the instant land shares owned by the Plaintiff, on January 16, 2018, and the Jeju District Court (E) issued a decision to voluntarily commence the auction of the instant land shares on January 17, 2018.

The Plaintiff paid the Defendants the amount of KRW 35 million on February 2, 2018, and KRW 120 million on June 12, 2018, and recovered the instant confirmation from the Defendants.

In addition, on July 13, 2018, the Plaintiff deposited KRW 735,389 as Jeju District Court No. 2018, pursuant to Article 487 of the Civil Act, the Defendants were deposited as the principal deposit under Article 487 of the Civil Act, and deposited KRW 735,389.

[Ground of recognition] Evidence No. 2-1, 2, Evidence No. 4, Evidence No. 5-1, 2, 3, and Evidence No. 6 and 7, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Plaintiff paid 180,000,000 won for seedlings according to the confirmation of this case to the Defendants.

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