(영문) 인천지방법원 2016.12.22 2016가합2242

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(영문) 인천지방법원 2016.12.22 2016가합2242

근저당권 설정 등기 말소 회복 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Between the Plaintiff and the Plaintiff on August 29, 2014, C entered into a mortgage agreement with the maximum debt amount of KRW 130,000,000,000 with the instant building owned as collateral, as well as a mortgage agreement with the obligor D and the Plaintiff as a mortgagee (hereinafter “mortgage agreement”). On the same day, on August 29, 2014, the Incheon District Court completed the registration of creation of a neighboring mortgage under the Plaintiff’s name (hereinafter “registration of creation of a neighboring mortgage”).

B. On the other hand, on December 5, 2014, C concluded a sales contract with the Defendant on each of the real estate listed in paragraphs 1 and 2 of the attached list No. C owned (hereinafter “each of the instant land”) with respect to the purchase price of KRW 965,00,00 with respect to each of the instant real estate listed in the attached list No. 1 and 2 of the real estate owned by C (hereinafter “each of the instant land”). On the same day, C concluded a sales contract with respect to each of the instant real estate (hereinafter “the instant sales contract”) with respect to each of the instant real estate (hereinafter “the instant real estate”) and filed a lawsuit seeking the cancellation and restitution of each of the instant contract by asserting that the mortgage contract and the instant sales contract constituted a fraudulent act against the Plaintiff and the Defendant, and the following judgment was rendered by the court that ordered C to file a lawsuit seeking the cancellation and restitution of each of the aforementioned fraudulent act (hereinafter “related case”).

Accordingly, the Plaintiff appealed.

1.(a)

C and the Defendant shall revoke the sales contract concluded on December 5, 2014 with respect to each of the instant land within the limit of KRW 32,829,420.

B. The defendant shall pay to E 32,829,420 won and 5% interest per annum from the day following the day when this judgment is finalized to the day of complete payment.

2.(a)

C As to the instant building between C and the Plaintiff, August 2014.

유사 판례

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