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(영문) 대구지방법원상주지원 2019.11.20 2019가단5474
가등기말소
Text

1. The defendant shall be the plaintiff.

A. On February 10, 2017, a resident support for the stay of Daegu District Court with respect to 10,188 square meters of forest land at a permanent address.

Reasons

1. Facts of recognition;

A. On June 12, 2016, the Plaintiff entered into a sales contract with the Defendant to sell the C Forest land of KRW 10,188 square meters (hereinafter “instant land”) to the Defendant for KRW 1.5 billion at the time of residence owned by the Plaintiff (hereinafter “instant contract”).

The instant contract deposit amounting to KRW 900 million under the instant contract is substituted by the Defendant’s succession to the loan, and the intermediate payment of KRW 380 million was determined to pay the remainder KRW 220 million on June 12, 2016 to the Defendant respectively on August 30, 2017.

Meanwhile, Article 6 of the instant contract provides that the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on.

B. At the time of the instant purchase and sale contract, the process of altering rights to the instant land: (a) on the ground of each contract that was concluded on February 1, 2015, the date of acquisition of the Plaintiff’s ownership of the instant land; (b) on the ground of the following: (c) on the ground of the right to the instant land: (a) on the ground of the right to the mortgagee; (d) on the ground of the right to the mortgagee; (d) on the ground of the right to the mortgagee; (e) on the ground of the right to the right to the right to the right to the right to the right to the right to the right; (d) on the ground of the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right; (e) on the ground of the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right;

3) On August 23, 2016, the right to collateral security was terminated on or around August 23, 2016. (4) On October 6, 2016, I completed the registration of the right to claim transfer of ownership on the instant land by causing the trade reservation on the same day.

7 With respect to the instant land on November 2, 2016, the right to collateral security was established, based on the contract on October 31, 2016, as to the instant land.

On the other hand, I's provisional registration was cancelled on the same day, and around November 1, 2016, H's above-mortgage was cancelled.

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