근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 11, 2016, the Plaintiff entered into a sales contract with the Defendant on July 11, 2016, each of the real estate listed on the separate sheet owned by the Defendant (hereinafter “instant real estate”) with the purchase price of KRW 780,00,000, and the remainder payment date (hereinafter “instant sales contract”). The Plaintiff entered into an agreement with a special agreement, stipulating that the purchaser (Plaintiff) is aware that the instant real estate is an illegal building, and that the purchaser is liable for the instant real estate at the time of occurrence of enforcement fines, fines, etc. (hereinafter “instant special agreement”).
B. According to the instant sales contract, the Plaintiff completed the registration of ownership transfer on the instant real estate on July 13, 2016, but failed to pay KRW 160,000,000,000, the Plaintiff created a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate as the Busan District Court’s Branch Branch Branch Kimpo-dong Office No. 46342, Jul. 13, 2016, against the Defendant for the security of the said remainder of debt, which was KRW 160,000,000 for the maximum debt amount (hereinafter “instant collateral security”).
C. At the time of the establishment of the instant right to collateral security, the Plaintiff agreed to pay KRW 500,000,000 to the Defendant by October 12, 2016, and to pay KRW 500,000 per month as interest on the said payment date.
On the other hand, on July 12, 2016, the Kimpo-si imposed a non-performance penalty of KRW 2,667,000 on the instant real estate on the ground of the violation of the Building Act, and the vice branch of the Incheon District Court issued a summary order of KRW 5,00,000 (No. 2016 high-end7394) on August 5, 2016.
Accordingly, the Defendant paid the above fine on August 25, 2016, and the above charge for compelling the performance on September 11, 2016, respectively.
E. By September 22, 2016, the Plaintiff paid KRW 147,000,000, out of the purchase and sale remaining amount of KRW 160,000 to the Defendant. Accordingly, the maximum debt amount of the instant right to collateral security was changed to KRW 13,00,000.
F. On October 20, 2016, the Plaintiff sought to pay the remainder of KRW 13,000,000 to the Defendant, but the Defendant.