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(영문) 수원지방법원안양지원 2014.11.27 2012가합7903

근저당권설정등기말소

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1. On June 26, 2012, the Defendant registered the Seoul Central District Court with respect to each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. A. The de facto manager in B (hereinafter “B”) and B between the Defendant around June 2012, around June 2012, the actual manager in B (hereinafter “B”) requested the Defendant to supply the vehicle bbox, etc. produced by the Defendant via D, a Defendant’s employee, and the Defendant consented to the transaction with B on the condition of providing adequate collateral for the price of goods. 2) After consultation between B and the Defendant, B purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Plaintiff and offered it as collateral to the Defendant, and until the sale procedure is completed and the ownership transfer registration is completed in the name of B, the registration was completed in the form of physical guarantee by obtaining a written consent from the Plaintiff.

B. B: (a) On June 25, 2012, the Plaintiff purchased each of the instant real estate owned by the Plaintiff at KRW 5.2 billion between the Plaintiff and B and the Plaintiff (hereinafter “the instant sales”).

(1) Upon entering into a contract, KRW 400 million of the down payment on the date of the contract, the intermediate payment of KRW 3.6 billion on the date of the contract, from July 25, 2012 to October 25, 2012, the remainder of KRW 1.200 million was paid in November 25, 2012, respectively. In addition, as stipulated in Paragraph 2 (Detailed Conditions of Contract) of the Special Agreement on the Sales Contract, the settlement amount of KRW 1 billion out of the down payment will be paid in gold day, and KRW 3.0 million will be paid within three days from the date of receipt of the registration of establishment of a neighboring mortgage, which is the collective security holder.

Therefore, the validity of this contract takes place after the payment of the down payment is made in full, and this contract is null and void, and the purchaser must immediately recover from the right to collateral security, such as cancellation of the contract.

Provided, That in such cases, the down payment already paid shall be reverted to the seller of the down payment and shall be subject to it.