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(영문) 대전지방법원 2018.09.11 2017나105263

근저당권말소등기

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1. At the request of this court for a change in exchange, with respect to the land indicated in the separate sheet, to the plaintiffs.

Reasons

Facts of recognition

The Plaintiffs, who were equity right holders of each of the instant land, concluded a sales contract with Q Q on August 8, 2008 to sell the instant land at KRW 55 million (hereinafter “instant sales contract”), and received Q&V deposit from Q down payment on the day of the contract. In the instant sales contract, Article 1 of the Special Agreement provides that “The ownership shall not be transferred to the land transaction permission area,” and thus, a collateral security is established at the remainder of the transaction period.

In subsection (2) of this section, I agree to provide bank security at the time of gold.

In accordance with paragraph 4, "the seller shall have his/her seal impression attached to a written consent to land use, and shall have the document and the consent key when applying for various authorizations.

The Plaintiffs determined as “.” On September 10, 2008, the Plaintiffs completed the registration of creation of a mortgage on the instant land, which is the maximum debt amount of KRW 65,00,000,00, and the debtor Q Q and the right to collateral security, and received KRW 42,00,000 from Q. The Plaintiffs waived the land transaction balance between Q and Q on September 18, 2008 with respect to the instant land. The Plaintiffs renounced transferred a registration certificate to Q, and waived ownership by preparing a written consent for land use (a copy of a certificate of seal impression).

The registration of the establishment of the right to collateral security (the maximum amount of claims) in the register of the above land at the time of the non-performance of the right to collateral security, and the plaintiffs shall, at the time of the transfer of ownership, release the cancelled documents from Q.

(Expenses for establishment and cancellation are borne by Q. In this regard, buyer Q may not claim damages or collect claims from the plaintiffs in any form.

In promoting the submission of documents, cooperation, etc. by Q and the plaintiffs, the mutual cooperation key is until the end.

"Waiver of rights and acceptance of agreement" of the terms "each of the instant notes of this case".

was drawn up.

The Plaintiffs receive any balance of KRW 10,500,000 from Q on October 1, 2008, and Q Q with respect to the instant land, the maximum debt amount of KRW 100,000,000, and the debtor.