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(영문) 울산지방법원 2017.08.23 2016나23991
근저당권말소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On July 23, 2013, the Plaintiff entered into a sales contract between the Plaintiff and C with C, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”).

(2) The sales price is KRW 750 million; ① the intermediate payment is KRW 475 million; ② the intermediate payment is KRW 475 million; ② the first intermediate payment is KRW 425 million on August 5, 2013; and the second intermediate payment is KRW 50 million on August 23, 2013; and ③ the remainder KRW 200 million is paid on December 23, 2013; and ③ the sales contract was concluded to pay the payment on December 23, 2013 (hereinafter “instant sales contract”).

Around that time, C received 75 million won down payment.

The terms and conditions of the instant sales contract are as follows.

Matters of special agreement

1. Of the first intermediate payment of KRW 425,000,000, a bank loan of KRW 390,000 shall be subtracted from the buyer's succession height and part payment;

3. In the event of a new loan, the seller shall secure the key as security and cooperate key.

2) On the other hand, at the time of the instant sales contract, the registration of the establishment of a neighboring mortgage (the debtor, the Korea Trute, the maximum debt amount: 468 million won) of the Bank of Korea and the registration of the creation of superficies was completed on the instant land at the time of the instant sales contract. (B) On the other hand, C was allowed to conduct financial transactions, etc. using its name, using its name.

2) On August 2013, 2013, C asked the head of the branch office of the Agricultural CooperativeF branch in Ulsan-gu, Ulsan-gu, U.S. to obtain a loan of KRW 420 million from an agricultural cooperative if the instant land is offered as security, and other additional KRW 150 million. 3) The Plaintiff’s ASEAN, who is entrusted with all of the affairs regarding the instant land by the Plaintiff, may, upon C’s request, visit the head of the F branch office of the Agricultural Cooperative in the Agricultural Cooperative in Ulsan-gu, Ulsan-gu, Seoul-do, to obtain a loan of KRW 420 million from the agricultural cooperative, and to obtain a loan of KRW 150 million.

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