근저당권말소
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 400,000,000 from the Plaintiff (Counterclaim Defendant) and its related amount from May 15, 2017 to July 14, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 28, 2013, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the amount of 4,959 square meters (hereinafter “the instant real estate”) out of the real estate listed in the separate sheet on October 28, 2013. The main contents are as follows: (a) the intermediate payment of KRW 335,000,000 when entering into a sales contract and the down payment of KRW 65,000; (b) the intermediate payment of KRW 335,00,000,000 on October 28, 2013; and (c) the seller and the buyer (the Plaintiff or the Defendant) incurred nonperformance of obligation on June 30, 2014; and (d) the seller and the other party (the other party (the other party) may rescind the contract in writing as to the non-performance of obligation.
(2) Where a real estate sales contract is cancelled pursuant to paragraph (1), unless otherwise expressly agreed, where the buyer has neglected the contract deposit, he/she shall confiscate the contract deposit, and where the seller has neglected it, he/she shall compensate for the double of the contract deposit.
Special agreement terms: (Partial omitted) The penalty shall be borne when a cause attributable to either of the parties terminates.
Provided, That the cutting of the ground in the Ministry of National Defense with information on the land of the party shall be contracted, and the land evaluation shall be adjusted to KRW 300,000 in case of unpaid negligence.
Provided, That when cutting cutting (execution by the Ministry of National Defense) becomes null and void, the whole land (15,273 square meters) shall be taken or restored to its original state in KRW 1,250,000.
Meanwhile, according to the instant sales contract, the Plaintiff received respectively payment of KRW 65,000,000 from the Defendant on October 28, 2013 and the intermediate payment of KRW 335,00,000 on December 28, 2013.
In addition, when there are grounds such as cancellation and invalidation of the sales contract for the implementation of the instant sales contract, the Plaintiff seems to guarantee the right to claim the return of the above sales price paid by the Defendant.
On October 28, 2013, the Suwon District Court has rendered the defendant with respect to the real estate stated in the attached list.