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(영문) 수원지방법원 2018.05.25 2017가합24703

근저당권말소

Text

1. Defendant B shall be affiliated to the Plaintiff’s real estate stated in the attached list and received on June 10, 2015.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff entered into a sales contract with Nonparty C to pay the remainder of KRW 60,000,000 on May 29, 2015 (hereinafter “instant sales contract”) and the remainder of KRW 940,00,000 on the date of the contract, and the remainder of KRW 940,00,000 on May 29, 2015 (hereinafter “instant sales contract”).

B. On June 10, 2015, the Plaintiff and C agreed to deposit the remainder of KRW 60,000,000 for down payment of KRW 1,000,000,000, and KRW 75,052,40 for the cancellation of the right to collateral security (development contributions) of the Orsan Saemaul Depository and KRW 750,000 for the cancellation of the right to collateral security (development contributions) in the accounts designated by the Plaintiff on June 10, 2015, and deposit KRW 50,00,000 out of KRW 114,947,60 for the remainder of KRW 114,947,60 for the cancellation of the right to collateral security (development contributions) into the accounts designated by the Plaintiff on June 10, 2015.

C. The Plaintiff received KRW 50,00,000 from C on June 10, 2016, and completed the registration of ownership transfer for each of the instant real estate C. On the same day, C borrowed money as security and paid KRW 64,947,600 for the remainder.

C) On June 10, 2015, the Suwon District Court received a loan of KRW 1,040,000,000 for each of the instant real property from Suwon District Court as the receipt of 124322, namely, the maximum debt amount of KRW 1,040,00,000, and KRW 750,000 after the establishment of the right to collateral security with the debtor C and the deceased fisheries cooperatives of the mortgagee C. On the same day, the Suwon District Court received KRW 124323, which received the receipt of the registration office of the Suwon District Court as the maximum debt amount of KRW 240,00,000, and KRW 200,000 for each of the instant real property as C and B, but did not pay the remainder to the Plaintiff.

E. On June 16, 2015 and June 22, 2015, the Plaintiff urged C to pay the remainder on two occasions, and if the remainder on June 23, 2015 is not paid by June 28, 2015, the instant sales contract is rescinded.