근저당권말소
1. The plaintiff's claims against the defendants are all dismissed.
2. This Court shall suspend compulsory execution of 2017 Chicago100196.
1. Basic facts
A. On September 2016, the Plaintiff introduced E through D and decided to sell each real estate listed in the separate sheet (hereinafter “instant real estate”). At the time, E shows the construction site that he/she is proceeding in the F in terms of harmony, and paid in full money from a third party as part of intermediate payments, etc., and the insufficient sales price is expected to receive and pay construction cost, and the Plaintiff demanded the Plaintiff to set up a right to collateral security on the instant real estate in advance before completing the registration of ownership transfer for the sake of self-financing.
B. On October 10, 2016, the Plaintiff entered into a sales contract with E with respect to the instant real estate as KRW 650 million, down payment of KRW 20 million, intermediate payment of KRW 170 million (payment before January 31, 2017), and the remainder of KRW 260 million (payment before January 31, 2017) (hereinafter “instant sales contract”).
C. On October 10, 2016, E borrowed KRW 30 million from Defendant B, and KRW 70 million from Defendant C. At the time, the Plaintiff trusted the horses of E that the loan will be repaid until January 31, 2017, and jointly and severally guaranteed the Defendant’s debt. As to the instant real estate, the Plaintiff concluded a mortgage contract with KRW 45 million with the obligor, E, and Defendant B with the maximum debt amount, ② the mortgage contract with KRW 15 million with the obligor, E, the obligor, and the Defendant C with the maximum debt amount (hereinafter “instant mortgage contract”), respectively, and the Suwon District Court’s registry office as of October 10, 2016, concluded a mortgage contract with the Defendants future (hereinafter “instant mortgage registration”).
E paid KRW 20 million as down payment out of KRW 100 million borrowed with the instant real property as security, but the remainder of the loan shall be used as repayment of other debts, construction costs, etc. to the Plaintiff.