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(영문) 울산지방법원 2015.11.27 2015가단9768
근저당권말소 절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D awarded a contract to F for the construction of a new building E in Ulsan-gun, Ulsan-gun (hereinafter “instant construction”).

D and F agreed on April 27, 2013 that D shall pay F the remainder of the instant construction project to F, with the maximum debt amount of KRW 580 million, and the maximum debt amount of KRW 120,000,000,000 of the said amount shall be the maximum debt amount of KRW 120,000,000,000 to the person designated by F, under the Special Metropolitan City, Ulsan-gun, Ulsan-gun, 1019 square meters (hereinafter “instant land”).

B. D received KRW 10 million from G on March 2, 2012, and KRW 50 million on January 18, 2013. To secure this, D completed, on May 10, 2013, the registration of the provisional registration of the right to claim ownership transfer and the registration of the establishment of the mortgage and the maximum debt amount of KRW 180 million on the basis of KRW 380,000,000,000,000,000 and the maximum debt amount of KRW 188,000,000,000,000,000,000 won and KRW 10,000,000,000,000,000 won

C. On July 2, 2013, D, F, and the Plaintiff agreed to convert the remainder of the construction work of this case to the loan obligation of D, KRW 560 million,00,000,000,000 to the loan obligation of D, and the amount of the right to collateral security was KRW 700,000.

On July 4, 2013, D, pursuant to the above agreement, completed the registration of creation of a mortgage on the instant land, which is the maximum debt amount of KRW 700 million, D, the debtor D, and the plaintiff as a mortgagee, and on the same day, B related to the instant land.

The provisional registration of the G name as stated in the paragraph and the cancellation registration of the establishment registration of the neighboring mortgage are completed.

E. The Plaintiff filed against D as the court No. 2014Gahap3081.

In accordance with the agreement mentioned in paragraph (1), a lawsuit seeking reimbursement of KRW 560 million and damages for delay was filed, and this court rendered a judgment citing all the claims of the plaintiff on September 25, 2014, and the above judgment became final and conclusive around that time.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, entry of Eul evidence 1 through 5, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

(a) argument;

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