근저당권말소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. 1) The Plaintiff Company is a company that owns each real estate listed in paragraphs 1 through 11, and 13 of the separate sheet. 2) The Plaintiff Company is a person who acquired the real estate listed in paragraphs 12 and 14 of the separate sheet from E on October 26, 2015.
3) E is Plaintiff Company and F Co., Ltd. (hereinafter “F”).
B) On June 10, 2013, F entered into a contract on transfer and takeover of business with the Plaintiff Company and the Plaintiff Company for the F (the representative director E at the time of the change: the trade name before the change; hereinafter referred to as “law2 trade”) and Samhwa Development Co., Ltd. (the trade name at the time of the conclusion of the contract for the convenience”) with the content that on June 10, 2013, F comprehensively takes over all rights and obligations with respect to the business of bilateral trade, such as the building of 1,427 square meters and 7-story above ground level (hereinafter referred to as “the above land and the building collectively”) of the Busan P2 trade owned by the Act, Busan, Busan, and the building of 1,427 square meters and 1st above
2) Since June 20, 2013, F and Dual Trade entered into a sales contract with the Plaintiff Company (hereinafter “instant sales contract”) on June 20, 2013; July 5, 2013; September 23, 2013; and December 3, 2013; however, they did not actually engage in business transfer or takeover; however, E decided to change the purchaser of the instant real estate to the Plaintiff Company from F to the Plaintiff Company; on May 26, 2014, the Plaintiff Company and Dual Trade entered into a sales contract with the Plaintiff Company to purchase the instant real estate at KRW 5.8 billion from Dual Trade (hereinafter “instant sales contract”); the main contents are as follows.
The two trade laws and the Plaintiff Company enter into a real estate sales contract on May 26, 2014 as follows.
(2) On July 15, 2014, the intermediate payment of KRW 4.8 billion on July 15, 2014, the intermediate payment of KRW 4.8 billion on July 15, 2014, is KRW 200 million on July 15, 2014.