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(영문) 수원지방법원 2019.06.19 2018가합21190
근저당권말소
Text

1. Each of the plaintiff's lawsuits against the defendant C and D, and the plaintiff's lawsuits against the defendant agricultural company Eul.

Reasons

1. Basic facts

A. On March 23, 2017, the Plaintiff sold each of the instant land in KRW 1,010,000 (hereinafter “instant sales contract”) to E Co., Ltd. (F Co., Ltd.: hereinafter “E”), and KRW 101,00,000 for the first intermediate payment of KRW 181,80,000 for the first intermediate payment, and KRW 181,80,000 for the second intermediate payment of KRW 181,80,00 for the second intermediate payment of KRW 180,00 on May 23, 2017; and KRW 181,80,000 for the third intermediate payment of KRW 181,80,000 on June 23, 2017; KRW 181,80,000 for the intermediate payment of KRW 181,80,000 on July 24, 2017; and KRW 1,081,00.

B. As to each of the instant land, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on March 24, 2017 with the maximum debt amount of KRW 700,000,000, and on January 30, 2018, the additional registration of the transfer of the right to collateral security (hereinafter “the additional registration”) in the name of Defendant D and C (hereinafter “share”) was completed on the ground of the transfer of the confirmed claim on January 22, 2018 on the ground of the transfer of the confirmed claim. ③ On January 31, 2018, part of the registration of creation of a neighboring mortgage of the instant case (each of the shares of Defendant D and C) was completed on January 30, 2018 in the additional registration of the transfer of the right to collateral security in the name of Defendant B (hereinafter “instant collateral transfer”).

On June 15, 2018, with respect to each of the instant land, the purpose of the supplementary registration for the transfer of the right to collateral security in the instant case is: (a) the partial transfer of the right to collateral security in the instant case was complete of the registration for partial transfer of the right to collateral security; (b) the registration for partial transfer of the right to collateral security in the instant case was completed in KRW 100,000,000; and (c) the registration for the revision of the right to collateral security in the instant case was completed in the Defendant D, C (each 1/2 equity interest); and (c) the registration for the revision of the right to collateral security in the instant case was completed.

(6) The same day.

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