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(영문) 의정부지방법원고양지원 2014.09.25 2013가단511995
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) with respect to the Plaintiff (Counterclaim Defendant) A and Plaintiff B with respect to the amount of 319 square meters in Gyeyang-gu, Gyeyang-gu, Soyang-gu, Seoul, and the Defendant (Counterclaim Plaintiff) on August 2, 2013.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of Eunpyeong-gu Seoul E and F site.

The above site was included in the project site of the G urban development project district implemented by the SP Corporation.

Accordingly, the plaintiff A was entitled to the right to move for the moving site (hereinafter "the right to move for in this case") provided to the original residents of the project site after receiving compensation for the said site from the EP Corporation.

B. On January 8, 2006, Plaintiff A entered into a contract with the Defendant to sell the remainder amount of KRW 220 million (the contract amount of KRW 30 million shall be paid at the time of the contract, and the remainder of KRW 190 million shall be paid on January 18, 2006).

(hereinafter “instant contract for the purchase and sale of the right of occupancy”).

Plaintiff

A, in order to have the right to move into the Defendant, the sales contract for the housing site was concluded between EP and EP in the name of Plaintiff A, and the necessary documents were issued to the Defendant so that the procedures for the transfer of ownership can be implemented in sequence in the name of Plaintiff A and the Defendant.

Accordingly, the Plaintiff A and the Defendant assumed the capital gains tax incurred during the instant contract for the occupancy right transfer as above, and agreed to immediately provide the necessary documents at the Defendant’s request, with respect to the mortgage-holder, the Defendant and the maximum debt amount, which are 240,000,000 square meters for the Goyang-gu D19 square meters (hereinafter “instant secured land”) owned by the Plaintiff, in order to secure the performance of the Plaintiff’s obligation related to the ownership transfer registration.

E. According to the occupancy right sales contract of this case, the Defendant paid the purchase price to the Plaintiff A. As to the secured land of this case, the Plaintiff B, the mortgagee, and the maximum debt amount shall be KRW 240,000 with respect to the secured land of this case as the Plaintiff B, the mortgagee, and the maximum debt amount shall be KRW 240,000.

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