소유권이전등기절차이행
1. The part of the claim for the registration of establishment of a neighboring mortgage and the cancellation of a right to collateral security shall be dismissed;
2...
1. Facts of recognition;
A. On July 5, 2018, the Plaintiffs and the Defendant purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) from the Defendant from the Defendant in the purchase price of KRW 570 million, and the down payment of KRW 60 million is KRW 30 million on August 6, 2018, and the intermediate payment of KRW 210 million on the remainder of August 6, 2018 and November 5, 2018, respectively; and the seller shall pay the intermediate payment to the Defendant in advance at the time of receiving the intermediate payment and at the same time at the time of cancelling the intermediate payment. The intermediate payment may take precedence over the part payment under mutual agreement. The sales contract (hereinafter “instant sales contract”). The Plaintiffs concluded a sales contract that includes a special agreement to the effect that “HE” (hereinafter “instant special agreement”). The Plaintiffs paid the down payment to the Defendant, which is the date of the instant contract, to the Defendant under the instant contract.
B. As to each real estate of this case, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) (hereinafter “the registration of establishment of the right to collateral security”) (hereinafter “the right to collateral security”) was completed on June 7, 2006, which was received on June 7, 2006 by Suwon District Court, the debtor, the FF association, and the maximum debt amount of KRW 150 million, and the registration of alteration of the right to collateral security (hereinafter “the registration of alteration of the right to collateral security”) was completed by changing the maximum debt amount of the instant right to collateral security (hereinafter “the registration of alteration of the right to collateral security”) to KRW 320 million by the registration office No. 5081, Jan. 11, 2007.
C. The Plaintiffs and the Defendant paid the intermediate payment to the Defendant in accordance with the instant sales contract, and the Defendant was only from the F Association (II) on August 6, 2018, the date of the intermediate payment, in order to cancel the registration of the establishment of the instant root.
However, under the condition that the plaintiffs pay part payments, they request the defendant to register the right to claim ownership transfer on each of the instant real estate, and the defendant is not a condition included in the sales contract of this case.