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(영문) 서울중앙지방법원 2017.05.24 2016가합570195
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are 3,834 square meters (hereinafter “C land”) before Chuncheon City.

(E) 1,385 square meters prior to D (hereinafter “E”).

(C) The land of this case is “each of the instant land” in combination with the land of this case and the land of this case.

(2) The Defendant is the mortgagee of each of the instant lands. The Defendant is the mortgagee of each of the instant lands.

3) H Co., Ltd. (hereinafter “H”)

) The J District Urban Development Project (hereinafter referred to as the “instant project”) in which apartment and neighborhood living facilities are built and sold on a size of 98,843 square meters in Chuncheon-si Icheon-si.

B) On March 29, 2007, H concluded a loan agreement to borrow KRW 38,00,000,000 in total from the lender, such as the UN Investment Securities Co., Ltd. (formerly, hereinafter “Korea Investment Securities Co., Ltd.”), Svia Savings Bank (formerly, NAS Savings Bank), Hyundai Svia Savings Bank (formerly, Hyundai Svia Savings Savings Bank), Company Evia Savings Bank (former Mutual Savings Bank), and Savings Bank (former Mutual Savings Bank), and a stock company and mutual savings bank (former Mutual Savings Bank), respectively, for the instant business.

2) From August 2005, the Plaintiffs consulted on the sale and purchase of each of the instant lands from H and H from August 2005, and on April 3, 2007, as follows, purchased and sold part of each of the instant lands (hereinafter “instant sales and purchase contract”).

(2) In the instant sales contract, “B” should pay the sales price to “A” as follows: (a) the location and lot size of the real estate sales contract [mark of the real estate sold] and the sales price and payment method under Article 1 of the F, Article 1 of the 1,1075, F, and Article 1 of the 1,075, F, and Article 1 of the 1,075, 2).

In the event of a contract for a non-end down payment with the amount at the time of division payment, the total sum of KRW 200,000,000 (1,400,000) which is a day of intermediate payment (1,400,000) shall be KRW 30,000,000 within two months after the notice of decision on an urban development zone.

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