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(영문) 춘천지방법원 2017.01.11 2016가합42
근저당권말소 등
Text

1. As to each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant),

A. Defendant C is the Suwon District Court.

Reasons

1. Basic facts

A. On October 13, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) to purchase a 661m2, G forest land, 248m2, H road, 390m2, and F-ground building under the name of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) E, his/her father, who was his/her father, to whom the registration of ownership transfer was made under the name of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).

(hereinafter “instant sales contract” and “each of the said real estates subject to the instant sales contract” are as follows. (b)

As the Plaintiff delayed the payment of the remainder under the instant sales contract, Defendant B completed on May 3, 2013 the registration of creation of a mortgage consisting of the maximum debt amount of 170,000,000,000 won for each of the instant real property subject to the sale, and the Plaintiff, the mortgagee, and the Defendant B, as to each of the real property indicated in the separate sheet, owned by the Plaintiff, on May 6, 2013, the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of this case”) as to each of the real property indicated in the separate sheet, which is owned by the Plaintiff, was completed.

On the other hand, the registration of the establishment of the first place of the instant case was cancelled on April 16, 2014.

C. Regarding the registration of the establishment of the establishment of the second neighboring mortgage in the name of Suwon District Court, the registration of the establishment of the right to collateral security in the name of the Defendant C was completed as of November 30, 2015, No. 59798, which was received on November 30, 2015, and the said registration of the name of Gwangju District Court was completed with the additional registration of the establishment of the right to collateral security in the name of Defendant D as of November 30, 2015.

Defendant B’s status as Defendant D’s Head of Suwon District Court Branch No. 2016Kadan100326, March 16, 2016

On March 21, 2016, No. 8991 was accepted on March 21, 201, Defendant B made a provisional disposition against the prohibition of disposal of the pledge of the right to collateral security with regard to the provisional registration of the establishment of the right to collateral security upon entrustment of the above decision.

(e).

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