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(영문) 울산지방법원 2017.07.07 2016가단56129
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 31, 2005, a contract was prepared between the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and F’s agent G on the purchase and sale of KRW 35,603 square meters of H-gun, Ulsan-gun, Ulsan-gun, U.S. (hereinafter “instant real estate”) for KRW 893,00,000 (hereinafter “instant contract”). Under the said contract, the buyer is indicated as “A and ten persons,” and as a special agreement, the buyer is required to set up a right to collateral security for each share.”

B. F had completed the registration of ownership transfer with No. 3311 on January 12, 2006, on the ground that the instant real estate was sold and purchased on December 30, 2005 to I.

C. With respect to the instant real estate, I shall select, as the Ulsan District Court No. 312, Jan. 12, 2006, Defendant B, the maximum debt amount of KRW 130,00,000, the maximum debt amount of KRW 60,000, and the maximum debt amount of KRW 100,000 to Defendant D, the registration of creation of a mortgage of KRW 70,00,000, the Ulsan District Court No. 6795, Jan. 24, 2006, the JJ of 70,00,000, the maximum debt amount of KRW 70,00,00,000, KRW 70,000, the maximum debt amount of KRW 80,000, the maximum debt amount of KRW 60,000, the maximum debt amount of KRW 600,000, the maximum debt amount of KRW 5738,205,000, the maximum debt amount of KRW 600,3006,3005,0000.

Defendant B C.

On the basis of the right to collateral security, the Ulsan District Court P voluntarily held the instant real estate.

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