beta
(영문) 광주고등법원 2016.04.20 2015나1290

약정금

Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff entered into a mortgage agreement between E and E, setting the maximum debt amount at KRW 360 million with respect to the building of 868 square meters and its second floor (hereinafter “each of the instant real property”) owned by Yongnam-gun, Yongnam-gun, and the lower court, and completed the registration of establishment of a neighboring real property based on the said mortgage agreement regarding each of the instant real property on the same day.

(hereinafter) The registration of the establishment of a neighboring mortgage is "the establishment of a new neighboring mortgage of this case", and the right to collateral security established by the registration of the establishment of a new neighboring mortgage of this case is "the right to collateral security of this case"

Defendant B and C wanted to purchase the instant real estate from the Plaintiff on June 30, 2014, and it is difficult to borrow from the bank due to the registration of the establishment of the instant real estate due to the establishment of the mortgage. On the face of the cancellation of the registration of the establishment of the instant real estate, Defendant B and C proposed to complete the registration of the establishment of the instant real estate in the future of Defendant B after completing the registration of the establishment of the establishment of the first priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority priority

C. On June 30, 2014, the Plaintiff accepted Defendant B and C’s proposal and prepared a certificate of termination that the contract to establish a right to collateral security regarding each of the instant real estate is terminated with Defendant B and C.

Buyers: I Apartment 101-203, Namnam-gun, the resident registration number B

1. A 30 million won, G 80,00 won, and H 60,00 won shall be set out in the order of bank priority and the above amount shall be paid three months thereafter, and interest shall not be paid upon mutual agreement.

2. The sales contract shall be one billion won;

3. When E purchases within three years, the actual purchase price shall be 1.5 billion won.

(Provided, That the contract shall be at least 1.8 billion won, and shall be subject to mutual consultation: B and C agents D

4. Legal action related to the above real estate shall be conducted in the presence of D or E.

5. The amount of credit above 40 million won.