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(영문) 대구지방법원안동지원 2016.05.12 2015가합3607

근저당권말소

Text

1. On June 2, 2015, the Defendant received each real estate stated in the separate sheet from the Daegu District Court on the Plaintiff.

Reasons

1. The following facts may be acknowledged as either of the parties to a dispute or in full view of Gap evidence Nos. 2, 3, 6-1, 1, 2, 4, 5-1, 2, and 4 and 5-1, 2, and the whole purport of the arguments.

On December 23, 2014, the Plaintiff entered into a sales contract with the Defendant on December 23, 2014, under the introduction of C’s representative director D, to purchase KRW 1.525 billion G forest land with the building E’s 6th floor Ftel (hereinafter “instant building”).

B. Around April 20, 2015, the Plaintiff did not pay the remainder after paying KRW 8,527,000,000,000, which was to be actually paid out of the above sales price, and the Defendant notified the Plaintiff that “if the remainder of the sales price is not paid by April 24, 2015, the Plaintiff would cancel the said sales contract.”

C. On April 22, 2015, the Plaintiff again purchased KRW 218 square meters of G forest from the Defendant on April 22, 2015 from the instant building and Ansan-si, Ansan-si (hereinafter “instant sales contract”).

(2) Upon entering into a contract with the Defendant, the following special agreement was entered into: (a) the lease agreement for the tenants of the instant building and the existing loan for the security of the instant building, which entered into a contract with the Defendant; (b) the amount to be paid by the Plaintiff to the actual Defendant is KRW 25,050,000,000 calculated by subtracting the amount of KRW 1.274,050,000,000 from the purchase price of KRW 1.5 billion.6.5% per annum, the Defendant shall lend KRW 300,000 to the Plaintiff at the interest rate of KRW 11 per annum, and the Plaintiff shall pay monthly interest to the Defendant on the loan part, and the principal shall be repaid in full within 36 months from

As to the loan amount of KRW 300,000,000,000 for the Defendant, the Plaintiff transferred the ownership of the commercial building Nos. 101 and 102 of the instant building at the same time, with the maximum debt amount of KRW 360,000.

7. 16,5230,000 won calculated by deducting the down payment of KRW 85,270,000,000,000, which the Plaintiff is actually liable, from the actual payment, shall be the buyer.