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(영문) 서울중앙지방법원 2020.02.07 2019가합500463
근저당권 말소회복청구 등의 소
Text

1. The Defendant’s KRW 2,00,000,000 for the Plaintiff and 15% per annum from March 11, 2019 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The Plaintiff is established for the purpose of housing construction business, etc., and C (hereinafter “C”).

) E improvement projects for constructing new apartment and commercial buildings in Guro-gu Seoul Metropolitan Government D D (hereinafter referred to as “instant project”).

(2) The Defendant is the F’s spouse, the joint representative director of C, and is the owner of the instant real estate among H buildings located in Guro-gu Seoul Metropolitan Government G (hereinafter “instant building”).

B. On May 16, 2016, the Plaintiff entered into the instant investment contract and completed the registration of establishment of a mortgage of the instant neighboring area 1) between C and C on May 16, 2016, the Plaintiff paid C an investment amount of KRW 2,00,000,000 to C in order to cover the expenses for the purchase of undeveloped land, the relocation of commercial buildings, the operation expenses, etc. in connection with the instant business, and additionally was paid KRW 2,00,000,000 in addition to the principal amount of the said investment. However, the Defendant completed the registration of establishment of a mortgage of the instant real estate with respect to the Plaintiff, and collected KRW 2,00,000,000, the principal amount of the investment, and at the same time, revoked the registration of establishment of a mortgage (hereinafter “instant

In addition, on the same day, the Plaintiff and C entered into a business agreement stipulating that the Plaintiff shall perform the work of selecting the contractor for the instant project and that C shall pay the Plaintiff KRW 500,000 to the Plaintiff with the fee. 2) The Plaintiff paid C KRW 1,00,000,000, respectively, on May 16, 2016 and June 29, 2016, and paid C KRW 2,000,000 as stipulated in the instant investment agreement.

3) Meanwhile, on May 18, 2016, the Defendant registered the establishment of a mortgage on the instant real estate by the Seoul Southern District Court No. 33401, the maximum debt amount of KRW 2,000,000,000 (hereinafter “the establishment of a mortgage on the instant real estate”).

C. C. The process of the instant project is the progress of the instant project.

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