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(영문) 서울고등법원 2014.01.28 2012나88169
근저당권등 설정등기 말소회복 청구
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant shall:

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the bond business, and the Defendant is the owner of each real estate listed in the separate sheet (hereinafter “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.

B. On August 17, 2011, the Defendant sold each of the instant real estate at KRW 1.5 billion to C, and concluded a sales contract to pay the remainder amount of KRW 150 million on the date of the contract, the intermediate payment of KRW 300 million on September 26, 201, and the remainder of KRW 1 billion 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 agreements, and C, on the same day, has issued to the Defendant a letter of confirmation as follows:

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

C. Meanwhile, around August 2011, the Plaintiff lent KRW 500 million to C, but C paid KRW 150 million out of the borrowed money from the Plaintiff as the down payment to the Defendant on August 18, 2011.

D, M, and N (hereinafter “Plaintiff’s agent”) as the Plaintiff’s agent are the instant case between the Defendant and August 17, 201.

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