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(영문) 서울동부지방법원 2016.10.12 2015가단24172
채무부존재확인 및 근저당권설정등기말소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 12, 1974, H completed each registration of ownership transfer with respect to the I large 9 square meters in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant I land”) and the G total 102 square meters in lots (hereinafter “instant G land”).

B. Around June 16, 2010, H drafted a contract agreement (No. 4, hereinafter “instant contract agreement”) between the Defendants and the attached form of the standard contract for construction works.

C. On June 18, 2010, the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage of this case 1 and 2”) on the instant land and G land was completed on the 1,200, indicated in the list of the establishment registration of a neighboring mortgage of each of the instant land and G land, and on January 19, 201, the registration of the establishment of a neighboring mortgage of this case 1 and 2, which was completed on the instant land, was revoked.

H Deceased on July 23, 2015 (hereinafter “the deceased”). At the time, there was Plaintiff A, C, and D, the wife of the deceased, as the heir of the deceased.

[Reasons for Recognition] Evidence Nos. 2 through 5, Evidence Nos. 1 and 1-2, and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. On June 16, 2010, the Deceased entered into a contract with the Defendants to build neighborhood living facilities on the instant land and G land and to pay the deceased the construction cost of KRW 412,500,000 (hereinafter “instant contract”). On June 18, 2010, in order to secure the Defendant’s claim for construction cost, the Plaintiff completed the registration of the establishment of the instant 1 and 2 neighborhood creation on the instant land and G land.

The Defendants built neighborhood living facilities on the instant land by the end of 2010 pursuant to the instant contract, and the Deceased paid a total of KRW 190,000,000 by January 11, 201, and paid all the construction cost for the said facilities. The Defendants completed the instant land on January 19, 201.

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