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(영문) 부산고등법원 2020.05.14 2019나56848
근저당권말소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with each real estate listed in the attached list 1.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of real estate development and comprehensive consulting, etc., and the Defendant is a regional housing association established to carry out a partnership apartment construction and sale business (hereinafter “instant business”) at the Nam-gu Busan Metropolitan Government D Day.

(C) The name was changed to “B Regional Housing Association” on February 6, 2018. (B)

The Plaintiff intended to purchase each of the instant land located in Nam-gu, Busan and G from the owner of the instant land, which was anticipated to be included in the instant project site, including the instant real estate. The purchase price of KRW 200 million, out of KRW 730,000,000, which was short of KRW 146,000 on February 16, 2017, KRW 200,000, and KRW 200,000 on March 22, 2017, the Plaintiff purchased each of the instant land after receiving payment of KRW 54,00,000,000 from I, and making up for the purchase price. After this process, the Plaintiff completed the registration of ownership transfer on March 22, 2017 on each of the instant real estate as a result of sale on February 16, 2017.

On March 22, 2017, the right to collateral security (hereinafter “the first collateral security”) was promised to return each of the instant real estates on March 22, 2017, with regard to the maximum debt amount of KRW 200 million, the debtor, the plaintiff, and the right to collateral security (hereinafter “the instant

(3) After completing the registration of creation, the Plaintiff paid KRW 200 million to the I (hereinafter “instant money 2”) and paid KRW 100 million to J, which is the actor of the I (hereinafter “instant money”). As a security, each of the instant real estate on May 18, 2017, is “the instant collateral security” with the maximum debt amount of KRW 300 million, the obligor, and the obligee I, and the instant collateral security (hereinafter “instant collateral security”) combined with the instant collateral security and the instant collateral security (hereinafter “instant collateral security”).

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