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(영문) 춘천지방법원 2018.04.11 2017가단54841
근저당권말소
Text

1. The defendant, on May 29, 1995, received from the plaintiff on May 29, 1995 as to Chuncheon City C Seocheon-si 987 and December 1995.

Reasons

1. Basic facts

A. On May 4, 1992, the Plaintiff completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 24 million to D on May 4, 1992 (D transferred the right to E on August 10, 1993), and the superficies was also established (D completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 30 million to E on May 11, 1993).

B. In order to secure G’s obligation, the Plaintiff completed the registration of the establishment of a mortgage over KRW 45 million with respect to the debtor, G, and the maximum debt amount of KRW 10,790 square meters (hereinafter “H land”) in Chuncheon-si, Ycheon-si (3, 263 square meters; hereinafter “instant land”) and H 10,790 square meters (hereinafter “H land”) as indicated in the order on May 29, 195.

(hereinafter “instant No. 1 collateral security”). C.

The plaintiff borrowed KRW 50 million from the defendant, and the defendant paid KRW 39 million to the defendant.

I would like to settle all the obligations described in the subsection.

Done at the end of December 7, 1996, the Defendant borrowed KRW 150,000 from the Defendant, including the obligations, etc. of paragraph G, for a period of KRW 150,000,000,000. D.

A. The registration of the establishment of both the right to collateral security and the right to superficies was revoked on December 9, 1995 on the ground of termination on December 8, 1995, and the Plaintiff is also the same.

With respect to the instant land and H land of December 9, 12.9, the Defendant completed the registration of the establishment of the second priority mortgage over the instant land and H land of KRW 180,000,000,000,000.

(hereinafter “instant collateral security”) No. 2. E.

Around December 8, 1995, the Plaintiff and the Defendant: (a) KRW 150 million for the price of the instant land and H land; (b) KRW 450 million for the down payment; (c) KRW 45 million for the contract, intermediate payment 45 million for the intermediate payment, and KRW 60 million for the remainder payment on May 24, 1995; and (d) drafted a sales contract retroactively as of December 5, 1995.

F. Upon the Defendant’s request on March 31, 1997, the Plaintiff completed the registration of ownership transfer on H land in March 29, 1997, which was based on the Defendant’s purchase and sale on H land.

After February 24, 2000, the defendant issued the first and second of this case with respect to H land on the ground of partial renunciation of this case.

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