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(영문) 서울중앙지방법원 2014.07.18 2013가합35318

소유권이전등기말소 등

Text

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

A. The defendant (Appointed) shall be the District Court of Jeonju to the Appointed B.

Reasons

1. Basic facts

A. On July 19, 2005, the selector of the real estate sales contract between the buyer and D, with respect to each of the real estate listed on the network and the attached list (hereinafter “instant real estate”) signed a sales contract with Defendant A on July 19, 2005, with a seller’s 50,000,000 won among the down payment of KRW 50,000,000,000 on the date of the contract, and the remainder of KRW 20,000,000 among the down payment, and the intermediate payment of KRW 250,00,000 on July 222, 2005, and the remainder of KRW 200,000,000,000 on August 2, 2005 (hereinafter “instant sales contract”). At the same time, a sales contract was prepared to pay the down payment of KRW 50,00,00 in accordance with the following terms and conditions.

(3) The seller, at the same time as the instant real estate sales contract, delivers to the buyer and the guarantor of the buyer a separate written consent to provide collateral. The buyer shall be the seller of the creditor and the mortgagee of the land and building Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the buyer shall perform the registration of creation of a collateral of KRW 25 million with the maximum debt amount of KRW 200 million with the security of 200 million with the debtor as the buyer, and shall

(5) By July 26, 2005, the buyer cancelled the registration of the establishment of the existing collateral on the instant real property as collateral, and the seller receives 200 million won of the loan by establishing a collateral security (based on the practice of the lending institution, D (Buyer), B (Buyer), the actual debt amount, 200 million won, and the maximum debt amount) on the first priority of the establishment order.

All expenses incurred in relation to the registration of mortgage creation, etc. shall be borne by the purchaser.

(6) After the establishment of the first mortgage on the instant real estate, the buyer set up the second mortgage on the said real estate 600 million amount (the guarantor C, the secured seller, the seller as well as the creditor as well as the creditor-based industrial company).

(7) The buyer, on July 2005, bears the duty to set up the right to collateral security (2) of the instant real estate from the seller.