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(영문) 서울북부지방법원 2014.12.09 2012가단109153
저당권설정등기 말소등기
Text

1. The Defendants received on July 4, 2006 from the Seoul Northern District Court as to the real estate stated in the attached list from the Plaintiff.

Reasons

(b) transfer full ownership by removing and liability;

Article 5 (Lease of Chonsegwon and Right to Mortgage) (1) When the buyer only purchases only the right to move in or receives the limited compensation, he shall automatically succeed to the right to move in, and the return of the succeeded deposit shall be performed by the seller.

(2) Where there is no right of lease on a deposit basis, the seller shall establish the right to collateral security of the amount agreed upon by mutual agreement on the house transferred by the buyer's ownership.

Article 8 [Execution of Compensation] (1) When a buyer performs compensation for the purchase and sale of the right of occupancy only, he/she shall keep the ledger, seal, and materials of all buyers on the execution of compensation in response to the compensation made in advance with the seller.

(2) All the data in each paragraph shall be returned to the buyer immediately after the seller's compensation is performed.

*1) Other (1) The above contract will be transferred to known Korea the full amount of the excess compensation in the event that only the right to move in was paid for the purchase price or the limited compensation was paid. (2) The above contract will be transferred to known Korea.

【Contents of the Contract of this case】

D. As to the instant housing, the establishment registration of a mortgage (hereinafter “mortgage”) was completed on July 4, 2006 between the maximum debt amount of KRW 120 million, the Plaintiff, the mortgagee, and the mortgagee E due to the contract transfer between E and the Defendants on the ground that the contract was concluded on July 3, 2006, and the supplementary registration of the said transfer was completed in the name of E from January 4, 2008 on the ground that the contract transfer between E and the Defendants was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 evidence Nos. 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. For the following reasons, the Defendants asserted against the Plaintiff.

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