(영문) 청주지방법원 2018.02.22 2016나4472 | 리걸엔진

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(영문) 청주지방법원 2018.02.22 2016나4472

토지인도 및 지상물철거 등

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1. The plaintiff (appointed party, counterclaim defendant) has changed its claim in exchange from the trial. The plaintiff (appointed party, counterclaim defendant) is dismissed.

2. This.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. Real estate-related 1) Real estate listed in paragraph 1 of the attached Table, which was owned by the Plaintiff (hereinafter “instant real estate-related 1”).

(1) On January 11, 201, 201, regarding the registration of the establishment of a neighboring mortgage of KRW 560,000 (hereinafter “the creation of a neighboring mortgage of this case”) to the Plaintiff (hereinafter “C”) and the maximum debt amount of KRW 560,000 in the future of the Cultural Saemaul Fund.

(2) A debtor D (the representative of the plaintiff is the representative of the plaintiff) in the future of the Cultural Saemaul Fund on January 20, 2011.

(2) The establishment registration of a mortgage of KRW 84,00,000 (hereinafter “the establishment registration of a mortgage of KRW 2”).

(A) A. ③ On March 22, 2011, the establishment registration of a neighboring mortgage of KRW 210,000,000 (the alteration of KRW 140,000,00) (hereinafter “the establishment registration of a third neighboring mortgage of this case”) in the future on March 22, 201.

(4) On August 31, 2012, the establishment registration of a mortgage of KRW 280,000 (hereinafter “the establishment registration of a mortgage of this case No. 4”) around the debtor D and the maximum debt amount of KRW 280,00,000 in the future of F.

(2) On June 18, 2012, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) of the debtor G and the maximum debt amount of KRW 245,00,000 was completed on June 18, 2012 with respect to the real estate listed in Paragraph (2) of the Attached List No. 2 (hereinafter “Real Estate No. 2”) which was owned by the Selection G.

B. Conclusion and implementation of a sales contract between the Plaintiff, etc. and the Defendant 1) The Plaintiff and the Appointed G (hereinafter “Plaintiff, etc.”)

(2) On March 14, 2014, the sales contract between the Defendant and each of the instant real estate at KRW 1 billion (hereinafter “instant sales contract”).

On the following day after the conclusion of the contract, 100 million won of the down payment is paid from the Defendant, and in relation to the payment of the purchase price, the agreement as follows (hereinafter “instant special agreement”).

1. The establishment registration of the first place of the real estate of this case (560,000,000) and the establishment registration of the second place of the second place of the mortgage (84.00,000,000) established on the real estate of this case

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