근저당권말소
1. The defendant received on September 10, 2009 from the Suwon District Court registry office with respect to the real estate stated in the attached list from the plaintiff.
1. Facts of recognition;
A. On July 28, 2010, C Co., Ltd. (hereinafter “C”) entered into a contract with D (hereinafter “D”) to receive KRW 3.5 billion for a service contract for the purchase of land, etc. for a project of constructing a collective housing on the land outside Yongsan-gu Seoul, Yongsan-gu, and 84 parcels (hereinafter “instant service contract”) (hereinafter “instant contract”). However, if C is required to return the said contract deposit to D due to its invalidity, etc., it agreed to set up a collateral security right of KRW 500 million on the real estate on the part of C to secure the obligation to refund the down payment.
B. C received KRW 500 million down payment from D several times from July 28, 2010 to September 3, 2010, and the Plaintiff (C representative director F) completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral”) with respect to the real estate indicated in the attached list owned by the Plaintiff as a surety to secure the future obligation to refund the down payment amount of KRW 500 million between D and D on September 10, 2010, as the obligation to secure the future obligation to pay the down payment amount of KRW 500 million between D and D on September 10, 2010. < Amended by Act No. 125961, Sep. 10, 2009; Act No. 125961, Sep. 10, 2009>
C. Meanwhile, according to the instant service contract concluded between C and D, “C and D cannot provide a third party with the rights and duties arising from the instant service contract without prior approval of the other party, as a collateral for transfer donation, and if they violate this, they may immediately rescind the instant service contract, and if the cause is attributable to D, the down payment shall belong to C, and if the cause is attributable to C, C shall have the obligation to pay the down payment to D.”
D On September 16, 2010, Suwon District Court Law No. 128892 issued a supplementary registration of the transfer of the right to collateral security to the Defendant.
[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .