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(영문) 서울서부지방법원 2018.06.14 2017가합40276
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) paid 48,094,015 won from the Plaintiff (Counterclaim Defendant) and its payment from February 2, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic facts, the plaintiff, C, the defendant, and D are each married couple.

On September 25, 2003, the Plaintiff was awarded a successful bid of KRW 41,770,00 in the attached list No. 1 in the public auction procedure.

On October 20, 2003, the Defendant remitted KRW 60 million to the Plaintiff’s account.

On November 26, 2013, the Plaintiff prepared and delivered to the Defendant a title of “the tea card” containing the following:

(hereinafter referred to as “the loan certificate of this case”). The name of the holder of the loan: A will pay 50,000 won in daily gold from the next person on November 26, 2003, and will prepare and explain this loan certificate.

Name: A on December 1, 2003, the Plaintiff completed the registration of ownership transfer for reasons of public sale on September 25, 2003.

On July 14, 2005, the Plaintiff entered into a mortgage establishment agreement with the Defendant to establish the right to collateral security (hereinafter “instant contract”) with a maximum debt amount of KRW 60 million on the attached list No. 1, and concluded a mortgage establishment agreement with the Defendant on July 14, 2005 (hereinafter “instant contract”). On July 14, 2005, the Chuncheon District Court received No. 10230 on July 14, 2005, and completed the establishment registration of the neighboring mortgage.

(hereinafter “instant collateral security”). The real estate listed in [Attachment List No. 1] was divided into each real estate listed in paragraphs (2) and (3) of the same Schedule on March 27, 2015.

(1) The plaintiff's defendant expressed his intention to purchase the real estate of this case to the plaintiff around 2003 and paid a purchase price of KRW 60 million to the plaintiff, and the remaining KRW 10 million cannot be paid. The plaintiff's assertion that the plaintiff's claim for the main claim for the plaintiff's purchase of the real estate of this case was made in 2003. The plaintiff's assertion that the plaintiff's purchase price of this case is KRW 60 million is not paid. The plaintiff's claim that the plaintiff's purchase price of this case is KRW 70 million,000,000.

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