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(영문) 의정부지방법원 2020.09.10 2019가단115891
소유권말소등기
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. The instant land and G 1,426 square meters and G 1,426 square meters, 7,223 square meters and H 7,273 square meters and 19,273 square meters and 19,054 square meters and 10,232 square meters and 2,653 square meters and 2,653 square meters and 2,653 square meters of J forest before partition (hereinafter “instant land”) are the land owned by the Plaintiff’s agent, the Plaintiff’s agent, M and Defendant D’s wife, respectively. In the instant case on July 31, 2017, the Plaintiff sold the instant land and the remainder of each N 1/3 equity (hereinafter “instant auction”).

B. On July 31, 2017, the Plaintiff and L and M had completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant land with the Plaintiff and the maximum debt amount of KRW 325 million against the P Association. Since then, the land before the division was divided into H-H land with the size of KRW 4,298 square meters and Q2,975 square meters, and the land before the division was divided into KRW 13,750 square meters and KRW 2,722 square meters, and KRW 13,752 square meters, and KRW 2,622 square meters, and KRW 10,232,000,000, KRW 270 square meters, and KRW 10,232,000,000, respectively, for the instant land and KRW 2,270.

C. On April 7, 2014, the Plaintiff concluded a sales contract with the Defendants to sell KRW 118,50,000 for the instant land KRW 100,000,000,000 for each of the instant land No. 1, and accordingly, concluded a sales contract with the Defendants to sell the Plaintiff’s 1/3 share out of the instant land No. 1, and concluded a sales contract with the Defendants to sell the Plaintiff’s 1/3 share out of the instant land No. 2 to KRW 54,240,00 for each of the instant land No. 2, and accordingly, the Plaintiff and the Defendants agreed to succeed to the secured obligation of the instant mortgage at the time of each of the instant sales contracts (hereinafter “each of the instant sales contracts”).

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