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(영문) 서울동부지방법원 2017.02.13 2016나27254
채무부존재확인 및 근저당권설정등기말소
Text

1. Revocation of the first instance judgment.

2. As to the plaintiffs with respect to 102 square meters prior to G in Gwangjin-gu, Seoul:

A. Defendant E.

Reasons

1. Basic facts

A. On June 16, 2010, K representing H and Defendant F decided to newly construct one building on the I Special Metropolitan City Special Metropolitan City (hereinafter “I land”) and 9 square meters (hereinafter “G land”) and 102 square meters prior to G, which are H ownership (hereinafter “G land”), and the commencement of construction shall be completed on June 6, 2010 and within four months thereafter, the total construction cost shall be KRW 412.5 million (including value-added tax) and shall be paid in a lump sum after completion, and if the construction is being completed separately, the construction cost shall be paid separately after completion.

(hereinafter “instant construction contract”). The instant construction contract (Evidence A No. 4) is written by Defendant E as the subcontractor in addition to Defendant F.

(Defendant E is added to “joint contractors”. (B)

On June 18, 2010, the establishment registration of the following neighboring mortgage was completed on the I's land and G's land on January 19, 201, and the establishment registration of each neighboring mortgage on I's land remains canceled and G remains only on G's land.

(B) The right to collateral security (hereinafter “instant right to collateral security”). The priority number obligor 5 H E, the maximum amount of grounds for registration against the mortgagee, which was received by the mortgagee, is KRW 295 million on June 18, 2010, and KRW 200 million on June 18, 2010, KRW 6H F, which was concluded on June 18, 2010, and KRW 295 million on June 18, 2010.

C. The instant construction was in charge of K, a partner of Defendant F, and the G-ground building did not proceed with the construction due to the lack of construction permission, and the construction was completed at the end of 2010 after only the construction of the I-Ground building from which the construction permission was granted.

H paid to K a total of KRW 190 million on seven occasions from May 20, 201 to January 11, 2011 (in relation to the instant construction project, the amount of KRW 100,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

E. H died on July 23, 2015, which was after filing the instant lawsuit, and its heir.

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