가등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 26, 2017, the Plaintiff entered into a sales contract with the Defendant to sell the instant real estate in KRW 450 million (hereinafter “instant sales contract”). On the day of the contract, the Plaintiff received the down payment of KRW 65 million on the day of the contract, and the Plaintiff was paid the remainder of KRW 385 million on August 24, 2017, and the Defendant paid KRW 65 million to the Plaintiff on the same day.
The main contents of the instant sales contract are as follows.
Article 3 (Transfer, etc. of Ownership) The seller shall receive the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership, and deliver the real estate in this case.
Article 4 (Extinction of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the real estate in this case, or if there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer full ownership to the buyer
except in cases of rights and amounts agreed to succeed.
Article 7 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
B. In addition, on May 26, 2017, the Plaintiff entered into a pre-sale agreement with the Defendant as of August 24, 2017, and completed the instant provisional registration with respect to the instant real estate on June 2, 2017.
C. Meanwhile, at the time of the conclusion of the instant sales contract, the establishment registration of a mortgage in the vicinity of the Plaintiff, the mortgagee C Co., Ltd., and the maximum debt amount of KRW 24 million was completed (hereinafter “the establishment registration of a mortgage in the instant case”). D.
The defendant did not pay any balance to the plaintiff by August 24, 2017, which is the remaining payment date, and the plaintiff is "the defendant" on August 25, 2017.