logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.02 2015가단51900
근저당권설정등기말소등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 160,000,000 from the Plaintiff (Counterclaim Defendant) and its related thereto from December 31, 2015 to September 23, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On June 28, 1993, the Plaintiff created a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate against C, who is the Defendant’s shape, with the amount of claim KRW 30,000,000 as the amount of claim received on June 28, 1993 received on June 28, 1993, and on September 13, 1993, the Plaintiff created a maximum debt amount of KRW 50,00,000,000 with respect to the said real estate to the Defendant under the control of the Daejeon District Court Branch Branch of the Daejeon District Court No. 17412, Sept. 13, 1993, which was received on September 13, 1993.

B. On the other hand, on March 4, 1993, the Plaintiff prepared a land sales contract (Evidence No. 1) to sell the instant real estate in KRW 75 million to the Defendant, and the Defendant paid the said sales price in sequence by June 28, 1994.

C. On October 29, 2010, the Plaintiff completed the registration of the establishment of a mortgage with the maximum debt amount of 65,000,000 won on the instant real estate, the mortgagee, the Gyeonggi Credit Guarantee Foundation, and the establishment of a mortgage with the maximum debt amount of 170,000,000 won on December 6, 2012, and the Gyeonggi Credit Guarantee Foundation.

The defendant is the defendant without any doubt with the defendant.

On June 9, 2014, the Plaintiff asserted that the right to collateral security was created, and the Plaintiff sold the instant real estate to the Defendant on March 4, 1993, and received the payment therefor in full from the Defendant until June of the same year, or the Plaintiff was required to pay the funds, and each right to collateral security, the maximum debt amount of which is KRW 170 million on December 6, 2012, was set up under the Gyeonggi-do Credit Guarantee Foundation. The Plaintiff simultaneously cancelled the registration of establishment of each right to collateral security until December 30, 2015, and at the same time transferred to the Defendant or his/her designated person, the Plaintiff promised to pay the amount equivalent to the market price at the time, if the registration of transfer was not completed until December 30, 2015.

arrow