근저당권말소등기 등
1. Of the instant lawsuit, the Plaintiffs filed for the registration of the establishment of neighboring mortgages and the cancellation of the registration of the creation of superficies against Defendant C.
1. Facts of recognition;
A. On September 2, 2013, the Plaintiffs entered into a contract with Defendant C and Defendant C to purchase KRW 535.5 square meters of the Seoul Dong-gu D parking lot (hereinafter “instant land”) at KRW 400,000,000 (hereinafter “instant sales contract”). Defendant C paid KRW 30,000 of the down payment on September 2, 2013, and KRW 40,000 of the intermediate payment on February 28, 2014, KRW 30,000 of the intermediate payment on August 28, 2014, and KRW 30,000,000 of the intermediate payment on August 28, 2014, and KRW 30,000 of the intermediate payment on November 30, 2014, and KRW 130,000,000 of the intermediate payment on September 30, 2014.
B. On January 14, 2004, Defendant Gwangju Mine Credit Union (hereinafter “Defendant Association”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a superficies”) on the instant land under Article 853 of the same Court’s receipt of the maximum debt amount of 360,000,000 won, and the debtor C’s establishment of a mortgage (hereinafter “registration of creation of a mortgage”) with respect to the instant land under Article 1238 as of January 27, 2004 for the purpose of securing the said loan claim. The registration of creation of a superficies (hereinafter “registration of creation of superficies”) was completed on January 14, 2004 for the purpose of securing the said loan claim.
There is no fact that the Defendant Union used the instant land from the completion of the registration of creation of superficies to the closing date of argument in the instant case.
C. On June 12, 2015, the Plaintiffs filed a lawsuit against Defendant C seeking the completion of the registration of ownership transfer of the instant land with respect to Defendant C based on the right to claim the registration of ownership transfer of the instant land under the instant sales contract by the court 2015Gahap5699, supra.
On December 4, 2015, this Court held that “Defendant C shall be paid to the Plaintiffs KRW 270,000,000,000, and at the same time, Defendant C shall implement the registration procedure for transfer of ownership on September 2, 2013 with respect to each of the instant one-half shares of the instant land.”