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(영문) 청주지방법원제천지원 2014.04.16 2013가단4926
근저당권설정등기 이행
Text

1. The Plaintiff:

A. Defendant A shall attach Form A

1. As to each real estate listed in the list:

B. Defendant B shall attached Form 2

2. The list.

Reasons

1. Basic facts

A. On November 16, 2007, the Plaintiff loaned 270,000,000 won to C at the maturity rate of November 16, 2010 and 9.8%.

B. On November 16, 2007, in order to secure the above loan claims, the Plaintiff completed the registration of creation of superficies for the Plaintiff with superficies for the period of thirty years from November 16, 2007 and thirty years from the duration of the establishment of the neighboring mortgage registration for the land for the E farm site owned by Chungcheong-gun D (hereinafter “D”) (hereinafter “D”) with the maximum debt amount of KRW 410,00,000,000, the debtor, and the mortgagee for the right to collateral security, respectively.

C. On June 16, 201, the land before subdivision was divided into 660 square meters for E farm land (hereinafter “1 land”), 660 square meters for F farm land (hereinafter “2 land”) and 2,359 square meters for G farm land.

Defendant A shall attach attached Form No. 1 to the land

1. New construction of each real estate entered in the list, and completed registration of initial ownership on September 13, 2013.

E. Defendant B: (a) on June 3, 201, attached Form 2 on the land;

2. Each real estate listed in the list was newly built.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

2. Comprehensively taking account of the purport of evidence No. 1, the Plaintiff, the holder of the land prior to subdivision, entered into an agreement on May 26, 201 with the Defendants for the registration of the establishment of a new building with the purport that “In the event that the Defendants constructed a new building on the land No. 1 and the land No. 2 and set up a first priority collective security right on the land No. 1 and the Plaintiff, the Plaintiff consented to the use of the land. If the Defendants fail to implement their commitments, the Plaintiff may withdraw the consent to use the land and remove the new building, and the Defendants do not raise any objection

According to the above facts and the above facts, the defendants are obligated to complete the registration of creation of a new building on the land Nos. 1 and 2 pursuant to the above agreement.

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