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(영문) 서울서부지방법원 2018.10.18 2017가단4433
저당권말소등기절차이행청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2014, the Plaintiff entered into a sales contract for the instant real estate (hereinafter “instant sales contract”) with the Defendant on the following grounds: (a) on August 19, 2014, the Plaintiff entered into a sales contract for the instant real estate: (b) 2951 square meters of land owned by the Defendant and the Defendant; (c) 830 square meters of land D forest in Pyeongtaek-gun, Chungcheongnam-gun, Jeonnam-gun; (d) 895 square meters of land for religious E-Gun in Jeonnam-gun; and (e) on the instant real estate E

2.In the sale of the above real estate under Article 2 of the terms of the contract, the buyer will pay the purchase price as follows:

On August 19, 2014, the seller of Article 4 of the Act on Temporary Payment of KRW 50,000,000 for the purchase price shall be liable for the debts and taxes related to the said real estate as of the outstanding payment date.

B. On August 25, 2014, the Plaintiff entered into the instant agreement completed the registration of ownership transfer for the instant real estate on the grounds of the instant sales contract, and entered into a separate agreement with the Defendant on the same day (hereinafter “instant agreement”). The main contents are as follows.

The land owned by the Defendant and 1500 square meters for two other parcels of land D, which were owned by the Defendant, were delegated to the Plaintiff as KRW 83 million, but the above amount was also delegated to the Plaintiff.

9. A return undertaking upon repayment by 30.30.

alternative

9. In the event of failure to repay by 30.0, all the powers of the Plaintiff are given to the Plaintiff.

C. As to the instant real estate on April 14, 2006 on April 12, 2006, F completed the registration of creation of a neighboring mortgage to the debtor, the maximum debt amount of KRW 120,000,000,000 and the debtor as the defendant.

(hereinafter referred to as the “mortgage of this case”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers), and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion held a loan claim amounting to KRW 83 million against the Defendant. However, the Defendant’s debt to the Plaintiff on August 19, 2014.

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