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(영문) 수원지방법원 여주지원 2018.04.10 2016가단52564
근저당권말소
Text

1. The Defendant: (a) on August 24, 2012, the Suwon District Court Yangyang-gu Office of Registration with respect to the land size of 313 square meters in Gyeonggi-gun C forest land.

Reasons

Facts of recognition

The Defendant purchased from E (her husband of the Plaintiff) on April 2, 2006 the 1,168 square meters and the 78 square meters prior to H, from the Gyeonggi-do Fri (hereinafter “Fri”) G, G, and completed the registration of ownership transfer on December 29, 2006.

(2) At the time of the above sale and purchase contract, E agreed to arrange the site for the Defendant to build the above land and received construction cost from the Defendant and performed the civil construction work of the above land.

On April 27, 2012, J, the owner of I land adjacent to the land owned by the Defendant, and K, on April 27, 2012, J, the Defendant: (a) presented to the Defendant a certificate of content, claiming that the tin shed installed between the land owned by the Defendant and its own land (hereinafter “the instant stone shed”) was affected by approximately eight square meters; and (b) requesting restoration.

around July 2012, the Defendant filed a lawsuit against E seeking reimbursement of KRW 25,030,000 for civil construction costs paid by the Defendant to E, and reimbursement of KRW 81,240,00 for the removal and reconstruction costs of the instant stone axis.

(Y) On August 24, 2012, E prepared and sent to the Defendant a letter of performance (hereinafter “instant performance letter”) as follows, and the Defendant wasd August 29, 2012.

The claim in this subsection was withdrawn.

- an explanatory note -

1. E establishes a collateral security with C the maximum debt amount of KRW 48 million and terminates the collateral security after the resolution of the J problem.

2. E shall transfer part (3 to 4) of the portion of the L/C according to the present condition to the Defendant.

3. E shall be a required network for the registration of unregistered shares (M, N) at present.

4. The defendant shall refund the remainder other than the J part and the attorney-at-law's portion (I stable part) at a single establishment amount.

5. E shall pay the amount of establishment at the time of establishment of the transaction(C) prior to the settlement of J part to the creditor, and the defendant shall prepare a cash custody certificate for KRW 48 million.

6. The defendant shall take into account all the expenses following the resolution of the J part.

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