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(영문) 서울서부지방법원 2018.11.22 2017가합40757
근저당권말소
Text

1. As to KRW 73,799,040 and KRW 50,000,00 among the costs, Defendant (Counterclaim Defendant) C shall be as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The conclusion and content of the exchange contract between the Plaintiff B and the Plaintiff’s agent on September 11, 2012 (the act of both Plaintiff B’s agent is deemed to be the act of Plaintiff A) to exchange the following real estate with Defendant C on September 11, 2012 (hereinafter “the instant exchange contract”).

The real estate transferred by Defendant C: G Co., Ltd. (hereinafter “G”).

2) As to the Plaintiff’s land ownership, the Plaintiff’s land ownership is the Plaintiff’s land ownership and the Plaintiff’s land ownership is the Plaintiff’s land ownership and the Plaintiff’s land ownership is the Plaintiff’s land ownership

A) The Plaintiff’s real estate to be transferred by the Plaintiff: F forest land owned by the Plaintiff is to be added to 570 square meters in F forest land (693 square meters), 118 (118 square meters in F forest land), 765 square meters in F forest land (65 square meters in total, 123/1,765 square meters in the surrounding land, which is a road, and 123/1,765 square meters in total, and 123/1,765 square meters in land, which is a road, shall be added to 570 square meters in forest land (65 square meters), and 118/1,765 square meters in F forest land (65 square meters), 121/1,765 square meters in J forest land (hereinafter “Paju real estate”).

(2) Meanwhile, at the time of the conclusion of the instant exchange contract, the registration of seizure by the National Tax Service, the registration of the establishment of a neighboring mortgage of KRW 959 million with the maximum debt amount of the NN association (hereinafter “registration of the first collateral mortgage”), and the registration of the establishment of a neighboring mortgage of the O company of KRW 60 million with the maximum debt amount (hereinafter “second collateral mortgage registration”), respectively.

The registration of establishment of joint collateral security (hereinafter referred to as the "registration of joint collateral security of this case") was completed respectively in the case of the real estate and the registration of establishment of joint collateral security (hereinafter referred to as the "registration of joint collateral security of this case") of Qua association, which is composed of the joint collateral of P or M as the joint collateral of the real estate at the time of strike.

3) The special terms and conditions of the instant exchange contract and the proviso clause provide for the claim and obligation of the real estate subject to exchange as follows (On the other hand, the N.N. and the principal amount of the secured obligation, 685 million won, which are the first collateral security registration of the real estate in Busan City.

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