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Reasons
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(영문) 서울남부지방법원 2017.11.16 2016가단29269
근저당권설정등기말소 청구
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1. The Defendant’s receipt on March 19, 201 of the Seoul Southern District Court on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On February 21, 2014, the Plaintiff’s former husband C entered into a contract for the supply and sale of screen golf products between C and Non-Party D Co., Ltd. (hereinafter “D”) with Non-Party D Co., Ltd. (hereinafter “D”), and C entered into the so-called Korea Total Sales Contract (hereinafter “instant screen golf supply contract”) with which D has the right to sell to domestic consumers.

The instant screen golf supply contract includes the following contents:

1) D shall pay C the purchase price of KRW 150,000,000 for scrap golf 30,000 to be supplied by C prior to the delivery of the product. 2) C shall guarantee the pet services and repair of defects for the scrap and golf products, and shall provide D with a security equivalent to KRW 100,000,000 for them.

B. On March 19, 2014, the Plaintiff agreed to provide water collateral and completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral”) of a collateral on the real estate owned by the Plaintiff as the maximum debt amount of KRW 120,000,000, the debtor C, and the mortgagee, as the Defendant, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, as the maximum debt amount of KRW 15753 on March 19, 2014.

C. Meanwhile, D pursuant to the instant screen golf supply contract, paid KRW 150,000,000 in advance to C, on February 21, 2014 and March 18, 2014, a total of KRW 30,000,00 of the purchase price for the golf 30,000 that was screened over two occasions.

C supplied and delivered only 2 set of screen golf to D, and around September 2014, the instant golf supply contract was rescinded.

[Grounds for recognition] The items of evidence Nos. 2, 4, and 7 and the whole purport of the pleading

2. The plaintiff alleged by the parties is the warranty liability of C with respect to screen golf products.

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