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(영문) 대전지방법원 2020.01.16 2018가합104096

근저당권말소

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

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

Reasons

1. Facts of recognition;

A. D Co., Ltd. as the parties to the dispute (hereinafter “D”) is the executor of the sales business of the building E in Jung-gu, Daejeon (hereinafter “instant commercial building”).

Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with D and completed the extension and substantial repair of the instant commercial building on or around October 24, 2016.

Defendant B (hereinafter “Defendant B”) entered into a service contract with D on January 14, 2017, and performed the sales agency business of the instant commercial building.

B. On January 20, 2017, the Plaintiff and D entered into a sales contract between the Plaintiff and D with F on January 20, 2017, through the Plaintiff’s agent, G, H, I, and J of the first underground floor among the instant commercial buildings (hereinafter “instant underground shopping mall”).

2) The sales contract of this case was concluded for the sale of commercial buildings in the amount of KRW 3.5 billion (hereinafter “instant sales contract”).

(2) On January 20, 2017, the sales contract amounting to KRW 100 million, the intermediate payment of KRW 2.5 billion, and the remainder of KRW 900 million was paid respectively on February 15, 2017. Meanwhile, the special terms and conditions stipulated in the sales contract are as follows (hereinafter referred to as “instant special terms and conditions”).

(2) Of the down payment, KRW 20 million shall be paid on January 20, 2017, and KRW 80 million shall be paid on January 23, 2017. 2. The remainder loan shall be paid on January 23, 2017. The contract is terminated at the time the contract is not performed, and the down payment shall be refunded. Of the remainder on March 2, 201, the intermediate payment loan shall run as a mortgage either A (D) or C, and the remainder after six months shall be paid. 40 million out of the remainder on June 3, 201, the underground marina room shall be the cycle for the damage of heating and cooling facilities. 2) D received from the Plaintiff a down payment of KRW 100 million, intermediate payment of KRW 2.5 billion, total sum of KRW 310 million, and the registration of ownership transfer was completed on January 23, 2017 by the Plaintiff as to the instant underground sale contract.

C. Upon the request of Defendant B’s representative on February 16, 2017, “F” of the Plaintiff’s agent to prepare the instant commitment.