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(영문) 제주지방법원 2017.02.03 2016가단52264
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall receive on October 31, 1989 from Jeju District Court.

Reasons

Judgment on the claim against Defendant B

A. On October 1989, the Plaintiff entered into a contract to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with Defendant B and received the sales amount from Defendant B, among which the Plaintiff entered into a contract to sell each of the instant real estate as indicated in the separate sheet, and failed to refund KRW 20 million out of the sales amount to Defendant B with Defendant B’s contract termination.

Accordingly, in order to secure the right to recover the above purchase price, the Plaintiff completed the registration of establishment of a neighboring real estate in each of the instant real estate.

The above obligation to return the purchase price was extinguished by the completion of prescription around October 1999 after the lapse of ten years from October 1989, 199, which was the date of rescission of the contract, and the obligation to pay the purchase price was extinguished by the completion of prescription. As such, Defendant B is obligated to implement the registration procedure for cancellation of the registration of cancellation of the establishment of the above neighboring mortgage.

B. Grounds for recognition: Around November 1990, the Plaintiff established the registration of establishment of a mortgage (hereinafter “registration 1”) against Defendant C with respect to each of the instant real estate owned by the Plaintiff, the maximum debt amount of which is KRW 75,000,000, the debtor D, and the mortgagee C with respect to each of the instant real estate (hereinafter “Defendant”) on April 10, 1998, the registration of establishment of a mortgage against Defendant DNA Korea Co.,, Ltd. (hereinafter “Defendant Co.,, Ltd. at the time of the establishment of the above registration”), and the mutual name was changed to DNA Korea Co., Ltd. (hereinafter “Defendant Co., Ltd.”). After the merger and acquisition, the amount of KRW 180,00,00,000, the ordinary distribution (hereinafter “non-party Co.,, Ltd.”) of the debtor Co., Ltd., Ltd., and the establishment of the registration of establishment of a mortgage against Defendant Niby Korea Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), and plaintiff's assertion of the purport of the whole pleadings is about defendant C's registration.

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