가등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. (1) On June 17, 201, the Plaintiff entered into a pre-sale agreement between the Plaintiff and B with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on September 9, 201, the purchase price of KRW 800 million and the date of completion of the purchase and sale shall be deemed to have been completed as a matter of course, even if the date of completion of the purchase and sale agreement between the Plaintiff and B, and upon completion of the purchase and sale agreement between the Plaintiff, the Plaintiff received the above purchase price from B and transferred the said real estate to B, while taking the procedure for ownership transfer registration for the said real estate as a result of the sale agreement, and then, transferred the said real estate to the Plaintiff, as deposit for the purchase and sale agreement, paid KRW 110 million to the Plaintiff on the pre-sale date, and paid KRW 10 million to the Plaintiff on September 9, 2011 (hereinafter “instant purchase and sale agreement”).
(2) On June 20, 201, the Plaintiff completed on June 20, 201 the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) under Article 24280, which was received by the registration office of the Daejeon District Court, on the instant real estate.
(3) B paid KRW 30 million to the Plaintiff around August 2011.
(4) At the time of the promise to sell and purchase the instant real estate, each of the instant secured claims was completed with the registration of creation of a mortgage of KRW 160 million on January 21, 2005, the maximum debt amount of KRW 30 million on June 2, 2005, the maximum debt amount of KRW 65 million on October 8, 2008, and KRW 65 million on each of the instant secured claims, with each of the instant secured claims, under the pretext of payment of some of the purchase proceeds of the instant real estate, and the Plaintiff and B agreed to acquire each of the secured claims within the maximum of KRW 250,500,000,000,000,000 from January 21, 2005.
(b) above.