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(영문) 서울고등법원 2018.02.07 2017나2016875

근저당권말소

Text

1. All appeals filed by the plaintiffs and the defendant joining the defendant are dismissed.

2. The plaintiffs' appeal has arisen.

Reasons

1. The reasons for the court's explanation in this judgment are as follows: (a) the Plaintiff used the phrase "as the Plaintiff bears to the Defendant, etc." under Section 21, Section 18 of the judgment of the court of first instance as "as the Plaintiff bears to the Defendant, etc."; and (b) the reasoning of the judgment of the court of first instance is stated, except for addition of the judgment on the Plaintiffs' assertion as follows, and thus, it is cited by the main sentence of

2. Additional determination on the plaintiffs' assertion

A. The plaintiffs asserts that whether the establishment registration of the first and second units of the instant case is null and void, and if the defendant is not the purchaser of each of the instant sales contracts, the establishment registration of the first and second units of the instant case under the name of the defendant should be revoked as the registration of invalidity.

However, as seen in Article 4.A. 3, the establishment of the right to collateral security with a third party as a holder of the right to collateral security cannot be deemed null and void as a result of the establishment of the right to collateral security under the third party’s name. The plaintiffs’ assertion is without merit. (b) Whether each of the instant sales contracts has been automatically rescinded or not is automatically terminated, the plaintiffs asserted that, in the instant case, the remaining payment dates under the previous sales contract were extended on June 30, 209, but the plaintiffs were extended on October 31, 2009 (the remaining payment dates under each of the instant sales contracts) at the request of the defendant, etc., and that the additional agreement was extended on October 31, 2010 with the instant additional agreement, and the defendant, etc., at the time of the instant additional agreement, had agreed to pay the remainder until the final payment date, and that each of the instant sales contracts was automatically rescinded. Thus, they asserted to the effect that each of the instant additional sales contracts was automatically rescinded.

2. In the real estate sales contract, the buyer is responsible for the default over several occasions and the buyer requests the postponement of the balance payment date.