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(영문) 수원지방법원평택지원 2020.04.09 2019가합13126
근저당권말소
Text

1. The Defendants: (a) on February 4, 2008, on the Plaintiff, the Suwon District Court: (b) on the Plaintiff’s 1,039 square meters in Pyeongtaek-si D; and (c) on the E 419 square meters in size.

Reasons

1. Basic facts

A. On January 30, 2004, the Plaintiff entered into a sales contract with F and G to purchase KRW 277,830,000 among the land and I land of Pyeongtaek-si from F and G.

B. On March 18, 2004, Pyeongtaek-si H land was divided into D 1,039 square meters, and I land was divided into E 419 square meters, respectively (hereinafter the above land and E land were referred to as “each of the instant real estate”), and the Plaintiff completed the registration of ownership transfer for each of the instant real estate on the same day for sale on January 30, 2004.

C. On April 10, 2004, the Plaintiff and the Defendants purchased each of the instant real estate with three investments made by the Plaintiff and the Defendants (share ratio: Plaintiff 1/2 Defendants 1/4), and distributed in accordance with their respective shares, the amount excluding all the expenses incurred during the sale and purchase, and the Defendants prepared a letter of commitment (Evidence A 3) stating the establishment of the right to collateral security in the name of the Defendants (hereinafter “instant agreement”). Meanwhile, on February 1, 2008, the Plaintiff and the Defendants determined the maximum amount of claims as KRW 40 million, not the amount of investment, and revoked the establishment registration of the right to collateral security at the time of sale of each of the instant real estate, and the nature of the said right to collateral security is the source of securing the right, such as the person entitled to the registration at the time of joint investment, not the obligation and obligation between the Plaintiff and the Defendants

The letter of agreement (Evidence A No. 4) specifying "A" has been re-established.

E. On August 7, 2006, with respect to each of the instant real property, the registration of creation of a superficies was completed on the same day, and on the same day, the registration of creation of a superficies by the J group of persons with superficies was completed. On February 4, 2008, the registration of creation of a superficies of the Plaintiff, the Defendants of the right to collateral security (each share 1/2), and the maximum debt amount of KRW 400 million was completed.

F. On January 15, 2019, the Plaintiff sent to the Defendants a content-certified mail, stating that the registration of establishment of each of the instant neighboring areas was cancelled by January 31, 2019.

[Judgment of the court below]

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