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1. The Plaintiff:
A. Defendant B, in relation to the area of 23 square meters in Tong-si, Dong-si D, Changwon District Court’s Tong-gu Branch, etc., machinery such as the field support, etc. on December 4, 1992.
Reasons
1. On December 3, 1992, the Plaintiff filed a claim against Defendant B with respect to the land of this case (hereinafter “instant land”), Defendant B: (a) as to the debtor E (F’s clerical error in writing); and (b) as to the maximum debt amount as KRW 15 million, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring land of this case”) under Article 18183 of the Changwon District Court’s receipt of machines, such as Tong-gu Branch of Changwon District on December 4, 1992, which set the maximum debt amount as KRW 15 million; and (c) on the ground that the secured debt of the registration of establishment of a neighboring land of this case was fully repaid, etc., the registration of the establishment of a neighboring land of this case becomes null and void in accordance with the same-sex legal doctrine; and (d) Defendant B fully acknowledges
Therefore, Defendant B is obligated to cancel the registration of the establishment of the mortgage of this case to the Plaintiff.
2. Claim against Defendant C
A. 1) Defendant B entered into a contract to purchase the instant land owned by F on October 17, 1992 from F with a view to purchasing KRW 10 million. 2) After Defendant B attempted to register the ownership of the instant land, but failed to do so due to the qualification certificate for acquisition of farmland, etc.
3) Therefore, on November 27, 1992, F prepared a receipt to the effect that it received KRW 10 million for the purchase price of the instant land, and, if Defendant B could not complete the registration of ownership transfer with respect to the instant land, the F would compensate Defendant B for the loss amounting to KRW 15 million with the maximum debt amount, and the registration of ownership transfer with respect to the instant land was completed on December 4, 1992.
5) The Plaintiff, who was Defendant B’s wife, filed a report of divorce on July 22, 2007 with Defendant B, and completed the registration of ownership transfer on the instant land on May 30, 2008 due to sale on January 29, 1994. Defendant C has the loan claim amounting to KRW 14 million against Defendant B.