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광주지방법원해남지원 2015.11.03 2014가단21035

근저당권말소

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1. The plaintiff's claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is the owner of this real estate.

B. On September 26, 2005, the Plaintiff entered into a sales contract with respect to the instant real estate owned by E and Jeonnam-gun G (hereinafter “G land”) and with respect to the instant real estate owned by the Plaintiff (A evidence 7; hereinafter “instant sales contract”), and E paid the down payment of KRW 30,000,000 to the Plaintiff on the same day.

1) Sales proceeds: 300,000,000 won 2): 30,000,000 won for down payment, and any balance: 270,000 won under a special agreement) 2: The seller shall dispose of non-end and non-end cemeteries on the land subject to sale.

B) Paragraph 5: Balance shall be paid upon the completion of a graveyard. (c) On December 7, 2005, the Plaintiff transferred a cemetery located in the instant real estate and installed a charnel cemetery, and E prepared each of the following documents (Evidence A 6) to the Plaintiff. The remainder in Paragraph 5 of the special contract of this case was deposited at the same time as the graveyard was completely disposed of and deposited at the same time. On April 10, 2006, upon the completion of a graveyard, the Plaintiff paid KRW 270,000,000 as the remainder on April 10, 2006. In the event of nonperformance, the seller may reverse the contract and the contract was terminated, and the amount of KRW 30,00,000,000 was not returned to the Plaintiff on April 7, 2006, and the Plaintiff paid KRW 170,000,000,000, the remainder of which was part of the remainder to the Plaintiff on May 36, 2006.

F. On June 8, 2006, the registration of ownership transfer was completed in the field of E, C, and D as the receipt of the Jindo District Court's Jindo Registry as of Jun. 8, 2006.

G. On January 3, 2007, with respect to E shares of the instant collateral security (mortgage) as the receipt of the same registry office on January 3, 2007.