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(영문) 서울고등법원 2018.06.08 2017나2076235
근저당권말소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be admitted as a whole by taking into account each of the statements in Gap evidence 1, Eul evidence 2-1, Eul evidence 1 to 4, Eul evidence 1, 2, and 5 (including the branch numbers, if any) and witness G of the first instance trial and some of the testimonys in F.

[1] Defendant C Co., Ltd. (hereinafter “Defendant C”) promoted the instant housing construction project in the Eri-ri District, Namyang-si, Namyang-si (hereinafter “instant housing construction project”).

The representative director of Defendant C was I, and on January 1, 2016, H of I was registered as the representative director.

The Plaintiff is the owner of each land and building located within the instant housing construction project zone (attached Form) (hereinafter referred to as “instant land and building”).

On August 2010, the Plaintiff’s husband F entered into a service contract for the purchase of land with Defendant C, and performed services such as written consent for use from the land owners in the instant housing construction project zone and receiving a sales contract.

[2] From August 12, 2010 to September 4, 2014, Defendant C paid a sum of KRW 442,00,000 as indicated below to the Plaintiff and F.

On August 12, 2010, the amount eligible for the payment date of F 10,000,000 on August 12, 2010, F 90,000,00 on August 31, 2010, 300 on December 20, 2010, F 10,000,000 on March 20, 2012; 50,000,000 on March 20, 20, 50,000 on November 9, 20, 200, 12,000,000,7 10,000 on June 4, 200, 200, 10,000, 30,000, 10,000 on August 40, 200, 200, 300, 304, 105, 2014

On July 11, 2016, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) of the Plaintiff, the maximum debt amount of KRW 442,00,000 against Defendant C regarding the instant land and building.

Defendant C’s housing association (hereinafter “Defendant’s housing association”) on September 26, 2016.

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