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(영문) 울산지방법원 2016.10.28 2015가단19529
근저당권말소
Text

1. The Defendant shall accept the registration of the Ulsan District Court and August 30, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a sales contract between the Plaintiff and C on April 24, 1984 (hereinafter “each of the instant lands”) with respect to each of the instant real estates listed in the separate sheet on April 24, 1984 (hereinafter “each of the instant lands”) as the registration of the Ulsan District Court and its receipt No. 23638, Mar. 5, 1973.

(2) Subsequent to July 23, 2013, the Plaintiff entered into a sales contract with C with respect to each of the instant land as KRW 750 million. Of them, the Plaintiff received KRW 75 million from C the down payment, KRW 475 million from the intermediate payment, KRW 475 million from the intermediate payment, and KRW 200 million from the remainder payment (hereinafter “instant sales contract”). At that time, the Plaintiff received KRW 75 million from the said C the down payment.

(3) Meanwhile, at the time of the instant sales contract, on March 20, 2013, the registration of the creation of superficies (No. 256476), was completed on March 20, 2013, by the Ulsan District Court (No. 25646), and on March 20, 2013, the registration of the establishment of the neighboring mortgage (No. 256476) of the Bank of Korea (No. 5646) of the Bank of Korea (No. 5646).

(4) At the time of the instant sales contract, the Plaintiff and the said C succeeded to or paid KRW 390 million for the secured debt of the right to collateral security, which was established in the name of the said bank, under the name of the said bank, as to each of the instant land, and the amount equivalent to the above amount shall be deducted from the first intermediate payment of KRW 475 million. For the payment of intermediate payment, the said C may offer each of the instant land as security to other financial institutions, etc., and may receive a new loan, but the Plaintiff agreed to cooperate with the said security.

(hereinafter referred to as the "Agreement on the Security of this case". B

D’s name lending, etc. (1) On the other hand, the above C was permitted to use the said D’s name to carry out financial transactions, etc. on the ground that “a person is a real estate developer, and the land is dead.”

(2) The above C is the instant case.

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