logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2016.10.26 2016가단2867
근저당권말소
Text

1. The defendant received on June 17, 2008 from the Cheongju District Court of Cheongju with respect to the real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. On June 16, 2008, the Plaintiff borrowed interest of KRW 60,000,000 from the Defendant on 3% on a monthly basis, and on September 16, 2008, the Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) of KRW 90,000,000 on the real estate indicated in the attached list under the name of the Defendant on June 17, 2008.

In addition, in order to secure the above loan obligation against the defendant, the plaintiff prepared a sales contract of KRW 60,000,000 for three (1, 101, 102, and 201, hereinafter referred to as the "instant commercial building") owned by the plaintiff Eul as representative director of D Co., Ltd. (hereinafter referred to as D) in order to secure the defendant's above loan obligation.

B. On December 7, 2010, the Defendant filed a lawsuit against D against Cheongju District Court Decision 2010Kadan890 on the instant commercial building, which entered into an agreement with D to the following purport (hereinafter “instant agreement”) with D’s agent as the Plaintiff:

D has made the registration of ownership transfer for the commercial building of this case to the defendant.

The Defendant obtained a loan of up to 120,000,000 won as security to the commercial building of this case, and repaid the loan equivalent to KRW 80,000,000 to the Plaintiff. The Defendant repaid KRW 33,00,000 to the commercial building of this case, which was set up on March 11, 209.

When the above matters are implemented, the defendant again made the registration of ownership transfer of the commercial building of this case to D.

C. D, pursuant to the instant agreement, on February 1, 201, completed the registration of transfer on the instant commercial building on the ground of transfer transfer on June 16, 2008 to the Defendant on February 1, 201, pursuant to the instant agreement.

In the above litigation of the Chungcheong District Court, D had made a decision to recommend reconciliation that the Defendant should complete the registration of ownership transfer on the commercial building of this case. However, the agreement between the Defendant and D was made.

arrow