근저당권말소등기절차이행
1. The Defendants received KRW 5,893 from the Plaintiff, and Defendant C received KRW 4,895 from the Plaintiff, and thereafter, the Plaintiff.
1. Basic facts
A. On March 9, 2013, the Plaintiff concluded a sales contract with D to purchase the purchase right of KRW 510,000,000 (hereinafter “instant sales contract”) with respect to G apartment newly constructed on the land outside the Dongjak-gu Seoul Metropolitan Government and outside 336 lots of G apartment, which D holds as a member of the instant association, for the purchase price of KRW 50,000,000,000,000.
B. At the time of the date of the payment of the intermediate payment under the instant sales contract ( March 15, 2013), when the Plaintiff came to know that D’s actual payment was less than the pre-determined amount for the calculation of the purchase price, and the late payment charge due to the account payable is reasonable, and thereby, it would not be able to pay an intermediate payment of KRW 50,000,000. However, D did not seek to properly confirm the unpaid amount or to consult on the issue of unpaid or unpaid settlement while refusing to do so.
C. On March 16, 2013, the apartment house of this case was designated as the object of sale of D’s right to sell the same unit by drawing lots, and around May 30, 2013, D notified the Plaintiff of the cancellation of the instant sales contract on the grounds of the Plaintiff’s breach of the obligation to pay intermediate payments and the obligation to acquire loans.
Meanwhile, on November 28, 2013, while the dispute over the rights and obligations under the instant sales contract continues, D paid the remaining charges and additional charges, etc. at the time of the instant association, repaid the loan obligations to Korean banks, and completed the registration of transfer of ownership on the instant apartment on December 3, 2013, and completed the registration of establishment of each of the following neighboring mortgages on the same day.
(1) The mortgagee of a right to collateral security (established as the No. 28591, Dec. 3, 2013) No. 1: No. 516,00,000 won, the maximum debt amount: 516,00,000 won, the debtor: H(C's spouse) and the date of establishing a contract: No. 2, Nov. 28, 2013.