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(영문) 서울고등법원 2014.07.25 2013나2026041

근저당권말소

Text

1. Of the judgment of the court of first instance, the part concerning the claim for cancellation of registration of establishment registration shall be revoked.

2. The defendant shall be the plaintiff.

Reasons

1. In fact, Article 1 (Purpose of Sales Contract) of the Act provides for the Defendant’s purchase of the entire site for the business, including real estate owned by the Plaintiff, to promote the development project of another canal system and system, and the Plaintiff and the Defendant are fully aware of this and fulfill their mutual rights and obligations.

II.(Sales Price and Payment Method)

1.The date and method of payment of the purchase price: 2.9 billion won agreed upon: The method of paying the remainder of KRW 50 million in the amount of 50 million shall be automatically converted into this contract, without any condition, at the time this contract is revoked at the time of project strike, multi-family housing (multi-family housing) authorizations are revoked.

2. In the event that KRW 1.5 billion is paid out of the total purchase price under this contract, the Plaintiff’s transfer of ownership to the Defendant and the remainder is paid on the date determined at the time this contract became final and conclusive.

Article 5 (Defects of Real Estate and Cancellation of Restricted Real Rights)

1. A shall be deemed to have paid an intermediate payment of KRW 2.18 billion to the maximum maximum debt amount of the defect, if this contract is converted into the present contract.

(The actual amount of money is KRW 980,000, KRW 520,000,000 for the acquisition). Article 8 (Issuance of Written Consent to Land Use) of the same Act provides the Defendant with all documents necessary for authorization and permission, such as the conclusion of this contract and the implementation of Article 2(1) so that the Defendant can promote the establishment of a canal and canal and other related business for the construction of a canal and canal and other related businesses.

Article 15 (Creation of Collateral) The Plaintiff receives down payment and intermediate payment after completing the establishment of the right to collateral security in the name of the Defendant or a third party, and establishes a collateral security within the limit of 150% of the total amount invested in the land of this contract at the name and expense of the Defendant or a person designated by the

In addition, all documents necessary for the establishment of the right to collateral security must be delivered to the defendant immediately.

On March 14, 2008, the Plaintiff rendered the Defendant the forest D. 6.