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(영문) 의정부지방법원고양지원 2020.06.26 2018가합76128
근저당권부질권설정등기말소등기 청구
Text

1. The acceptance intervenor shall pay 489,945,355 won from the plaintiff and 5% per annum from May 9, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 26, 2015, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on August 14, 2014 with respect to C forest land 30,149 square meters (hereinafter “land before the instant partition”) and the land No. 3 of this case at the time of Pakistan.

The land before the instant partition was divided into registration conversion with D forest land 30,360 square meters on February 14, 2017 according to the construction project of a factory and a logistics warehouse, which is deemed below, and was divided into the instant land Nos. 1 and 2 on February 20, 2017.

B. The E-factory and logistics warehouse construction development project 1) The land before the division of this case and the land of this case No. 3 and the land of this case F at the time of strike appears to have been the land before the completion of the registration of ownership transfer. The development project to build a new factory and logistics warehouse on the ground (hereinafter “instant project”).

(2) From September 2015, the Plaintiff: (a) transferred the Plaintiff’s right to the instant land and the instant land No. 3 and F with G on September 2015; (b) entered into an agreement with G on the transfer and acquisition of the right to complete authorization, permission and development projects (which appears to mean the instant project), including the sale of the land; and (c) drafted a written consent to each of the instant lands around that time.

(c) H (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) of the Fund in the form of a funding contract, such as the conclusion of an investment contract and the establishment of a collateral security (hereinafter referred to as “B”) shall conclude a contract with one another relating to funding support as follows:

Article 1. The purpose of this Agreement is to contribute to the investment of funds by “A” and to regulate the details related to the collection of funds for the purpose of supporting the development of three warehouse sites, such as "B", in the case of Pakistan.

Article 2 (Investment Funds)

1. A “A” under this contract shall be deemed to be “B”.

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