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(영문) 수원지방법원성남지원 2016.07.22 2015가합207422
근저당권말소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On January 20, 2004, the Defendant entered into a sales contract, etc. with the Defendant: (a) on January 20, 2004, the 5,013 square meters of D forest land located in the area subject to permission for a land transaction contract from Gwangju City (hereinafter “Seoul Special Metropolitan City”), which was subject to registration conversion into 5,081 square meters of forest land in Gwangju Special Metropolitan City; (b) on February 8, 2007, the F forest land was divided into 87 square meters of forest land in the above land; and (c) on May 28, 2007, the land category was changed to land for a factory

hereinafter referred to as “instant land”

(1) After having decided to purchase KRW 450,000,000 for the purchase price, each of the instant real estate in total refers to a building on the ground after having paid the above purchase price and having received the instant land transferred (hereinafter “instant building”).

(2) On May 3, 2004, the Defendant and C agreed to terminate the above sales contract when the above construction does not proceed properly and it is difficult to obtain permission for the said sales contract within the short term period. The Defendant and C agreed to cancel the said sales contract when the Defendant were to receive the refund of the above KRW 450 million already paid.

3) On February 15, 2006, G and H jointly paid KRW 800 million to the Defendant and jointly paid KRW 800 million to the Defendant. In order to secure the above KRW 800 million, the Defendant or the Defendant entered into an agreement with respect to each of the instant real property to set up a collateral security and superficies equivalent to KRW 800 million with respect to each of the instant real property, and with respect to the Defendant, G, H, and C separately with G, and with the above KRW 450 million with respect to the instant land, G entered into a sales agreement with the Defendant, G, H, and H, separately from G, to pay KRW 80 million with the Defendant, in lieu of the payment of the purchase price with respect to the said land, KRW C exempted the Defendant from the obligation to return the purchase price with respect to the Defendant, KRW 350 million on February 15, 2006, KRW 300 million on March 6, 2007, KRW 57.8 billion on July 28, 2007.

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