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(영문) 대전지방법원 2014.02.19 2012가합4941
근저당권설정등기말소청구에따른 채무이의
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 50,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

Basic Facts

The pertinent Plaintiff, on August 30, 201, succeeded to the inherited property of 849 square meters and 861 square meters prior to Daejeon Seo-gu, Daejeon, Daejeon, as a result of the consultation and division of inherited property. The Defendant is a company that completed the registration of the establishment of a neighboring mortgage on the said land.

On September 7, 2007, the Daejeon Livestock Cooperative and E’s network for establishing a collateral security was loaned KRW 910 million from the Daejeon Livestock Cooperative and completed the registration of establishment of a collateral security over the area of KRW 1689 square meters and KRW 861 square meters (hereinafter “each land of this case”) owned by the mortgagee of the Daejeon Livestock Cooperative and the maximum debt amount of KRW 910 million.

On May 20, 2008, the deceased B completed the establishment registration of a mortgage of KRW 120 million on the grounds of a contract establishing a right to collateral security on the same day.

On June 18, 2008, the sales contract between the deceased B and the defendant and the provisional registration network B of the right to claim ownership transfer registration under the name of the defendant shall be sold at KRW 30 million (100 square meters) out of KRW 1689 square meters (51 square meters) on his own owned by the defendant at KRW 270 million, but the down payment of KRW 60 million shall be paid at KRW 50 million on the date of the contract, and the intermediate payment of KRW 50 million on June 27, 2008, and the remainder shall be paid on July 31, 2008, and the remainder shall be paid at KRW 70 million on the debt of the deceased Daejeon Livestock Industry Cooperative, which shall be substituted by the defendant for payment.

(2) On September 3, 2008, the Plaintiff sold KRW 132 square meters (40 square meters) out of 1689 square meters prior to the above F, to the Defendant on September 29, 2008, but the down payment of KRW 10 million is KRW 45 million on the date of the contract, the intermediate payment of KRW 45 million is paid on October 1, 2008, and the remainder of KRW 45 million is paid on November 9, 2008 (hereinafter “the second contract”). The Plaintiff sold KRW 132 square meters (40 square meters) out of the above F, KRW 1689 square meters to the Defendant on January 3, 2009, and the purchase price of KRW 80 million out of the obligation to Daejeon Livestock Industry Cooperatives, thereby acquiring KRW 80 million.

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