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(영문) 창원지방법원밀양지원 2015.07.22 2015가단92

근저당권말소

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1. The Defendant’s receipt on June 27, 201 of the attached list to the Plaintiff, instead of the Changwon District Court, was made to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 18, 2013, the Plaintiff purchased real estate listed in the separate sheet between the Defendant and the purchase price of KRW 50,000,000 (the purchase price of KRW 15,00,000, the intermediate payment of KRW 15,000,000, the remainder of KRW 20,000,000), and completed the registration of ownership transfer by paying only the down payment and the intermediate payment, and thereafter, the Plaintiff entered into a sales contract with the Defendant to exempt the obligation to pay the balance in the event that the registration of ownership transfer under the name of the Defendant becomes null and void after establishing a collateral security right to secure the obligation to pay the balance.

B. The Plaintiff completed the registration of ownership transfer for the real estate listed in the attached list according to the above sales contract, and completed the registration of ownership transfer for the Defendant, instead of the Changwon District Court, on June 27, 2013, by the receipt of No. 12702.

C. The Busan High Court Decision (C & D) No. 2010Na623 rendered a judgment against the Defendant to implement the procedure for cancellation registration, since the registration of ownership transfer in the name of the Defendant on the real estate listed in the separate sheet is null and void.

[Reasons for Recognition] Each entry of Gap 1 through 7, the purport of the whole pleadings

2. According to the facts of the above recognition, since C and D received a judgment from the Busan High Court (C & D) 2010Na623 as to the real estate listed in the separate sheet against the Defendant for the reason that the registration of cancellation is null and void, the obligation to pay the remainder to the Defendant was extinguished, and the collateral security established to secure the obligation to pay the remainder is also extinguished. Thus, the Defendant is obliged to implement the registration procedure of cancellation of the registration of the establishment of the neighboring mortgage completed by the Chang original District Court No. 12702, Jun. 27, 2013, which was completed on June 27, 2013.

If so, the plaintiff's claim is reasonable.