근저당권등 설정등기 말소회복 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 8, Eul evidence Nos. 1, 2, 3 and 7 (including branch numbers, if any; hereinafter the same shall apply):
The plaintiff is the person who operates the bond business, and the defendant is the owner of each real estate listed in the attached Table (hereinafter referred to as "each real estate of this case").
Article VSpecial Terms and Conditions
1. The defendant shall set up a collateral security prior to the contract.
Therefore, C shall be fully responsible for this.
responsible means immediately the payment of the purchase price or the cancellation of the collateral security;
2. In preparation for the occurrence of the nonperformance of the terms and conditions of the C, C shall submit to the Defendant all documents that enable C to terminate the registration of creation;
(Time of completion of registration of creation) 3. When the contract is not fulfilled by C, the defendant may terminate the establishment of a collateral security at any time and shall be liable C to all the disadvantages resulting therefrom.
P. P.C. each letter
2. In the event of failure to pay the intermediate payment and to pay the balance, the Defendant shall not raise a civil or criminal objection even if the contract is terminated immediately with the prepared termination document.
3. All of the termination documents were notified to the Defendant and the observer that C was made by obtaining the consent of the obligee.
4. The certificate of termination and the power of attorney shall be drawn up and sealed on a contract date, and the certificate of setting up the registration shall be accompanied immediately after the issuance
B. On August 17, 2011, the Defendant: (a) sold each of the instant real estate to Nonparty C at KRW 1.5 billion; (b) concluded a sales contract to pay the down payment of KRW 150 million on the date of the contract; (c) the intermediate payment of KRW 300 million on September 26, 201, and the remainder of KRW 1 billion on November 7, 201 (hereinafter “instant sales contract”).
At the time of the conclusion of the instant sales contract, the Defendant and C set out the following special terms and conditions, and C, on the same day, has drawn up and issued to the Defendant a letter of confirmation as follows (hereinafter “instant letter of confirmation”).
C. Meanwhile, the Plaintiff on August 2011.