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(영문) 인천지방법원 2019.03.20 2018가단234503
근저당권말소
Text

1. For the plaintiffs:

A. The Defendant (Appointed Party) D, the Selection F, and the Selection G are about 100,231 square meters of H forests and fields at the time of public housing.

Reasons

1. Facts of recognition;

A. On December 23, 1997, I completed the registration of ownership transfer with respect to H 100,231 square meters of forest land (hereinafter “instant forest”).

B. On December 30, 2015, I concluded a sales contract with the J to sell the instant forest. However, on November 17, 2016, I agreed to cancel the contract, and agreed to repay the J total of KRW 121,000,000 to the amount agreed upon by April 1, 2017 (hereinafter “instant agreement”).

C. On November 18, 2016, J made a registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) with respect to the forest of this case with respect to the payment of the agreed amount under the instant agreement against I on November 18, 2016, of the maximum debt amount of KRW 163,00,000,000, the debtor I, and the mortgagee J. D.

J filed a lawsuit against I for the registration of ownership transfer of the forest of this case and the payment of the instant agreed amount, which was based on the cancellation of a sales contract, primarily on the basis that the registration of ownership transfer for the forest of this case and the preliminary payment was revoked. The above court dismissed the primary claim of J and rendered a judgment that partly accepted the preliminary claim.

Accordingly, the J appealed as Daejeon High Court Decision 2017Na12262 on November 24, 2017, the above court rendered a judgment in favor of the Plaintiff (hereinafter “instant judgment”) that “I shall pay to J 121,00,000 won and the amount calculated by the rate of 5% per annum from April 2, 2017 to November 24, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the above judgment became final and conclusive at that time.

E. On February 13, 2018, the Defendant (Appointed Party; hereinafter “Defendant”) filed a registration of the transfer of the right to collateral security (hereinafter “instant registration”) on February 14, 2018 on the ground that the instant right to collateral security was transferred with respect to the instant case.

(f) Defendant E.

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