계약해제 및 손해배상
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On March 16, 2004, the Defendant entered into a sales contract with E to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the purchase price of KRW 557,50,000, and completed the registration of ownership transfer on December 15, 2004 after paying the purchase price.
B. On the other hand, on December 15, 2004, the Defendant created a right to collateral security (hereinafter “right to collateral security”) of KRW 275,000,000 with respect to each of the instant real estate under the name of D in order to secure the investment debt incurred by D to purchase each of the instant real estate.
C. After that, on November 17, 2006, Pyeongtaek-si entered into a contract with the Defendant for acquisition of public land for the land indicated in paragraph (2) of the attached Table No. 2, and completed the registration of ownership transfer on November 23, 2006, and paid KRW 225,647,50 as compensation for the above land. D received payment from the Defendant of KRW 100,000,000 out of the investment amount secured by the right to collateral security among the above land expropriation compensation.
Accordingly, on November 17, 2006, the Defendant agreed to modify the maximum debt amount of the establishment registration of a neighboring mortgage as set out in paragraph (1) of the attached Table No. 1 between D and D, and completed the supplementary registration by changing the maximum debt amount to KRW 155,00,000 on November 23, 2006, by the receipt of Lanwon District Court’s Housing Site Costs No. 76548.
E. On April 18, 2010, D submitted a written statement to the Defendant stating that “The secured obligation of the instant right to collateral was returned in KRW 155,00,000,000, and waiver of all the rights to the land indicated in paragraph (1) of the attached Table.” Accordingly, the instant right to collateral security was cancelled on November 12, 2010 on the ground of termination on November 3, 2010.
[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 3, Eul Nos. 2 and 3 (including the number of each unit; hereinafter the same shall apply), Eul's witness D's testimony, and the whole purport of the pleading.