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(영문) 서울중앙지방법원 2014.10.30 2013가단84665
근저당권말소등기
Text

1. Defendant C shall pay to the Plaintiff KRW 10,00,000 as well as 20% per annum from July 13, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On October 24, 2012, the Plaintiff sold to D the land listed in the attached Table (hereinafter “instant land”) as the purchase price of KRW 370 million, down payment of KRW 40 million (20 million up to October 24, 2012; KRW 20 million up to November 3, 2012); part payments of KRW 100 million (up to November 24, 2012); the remainder of KRW 230 million (up to payment date); and the remainder of KRW 230 million (up to November 24, 2012).

(hereinafter “instant sales contract”). B.

D In concluding the instant sales contract to the Plaintiff, the Plaintiff demanded the establishment of the right to collateral security against the land of this case with the maximum debt amount of KRW 240 million, D with the obligor, D with the obligee, and the Defendant C with the mortgagee.

Therefore, while entering into the instant sales contract, the Plaintiff and D agreed as follows.

1. Where the purchaser transfers the right to collateral security to a third party or performs any legal act with respect to the right to collateral security before the purchaser completely pays any balance, the purchaser shall be fully liable to the seller for civil and criminal liability;

Therefore, when the buyer makes a contract with the mortgagee, the buyer should confirm this point to the mortgagee.

2. Where a buyer fails to pay an intermediate payment or pay the due date for payment, the buyer may not raise an objection against the termination of the contract made in the name of a third party on the land subject to the sale after cancelling the contract;

3. The buyer shall pay the seller the created document after the establishment has been completed;

C. On October 24, 2012, the Plaintiff: (a) from Defendant C, “In the event that a purchaser does not perform the registration of collateral security on the instant land according to the separate real estate sales contract, the mortgagee of the right to collateral security, who holds a written collateral security agreement, has an objection to the cancellation at any time without the consent of the mortgagee; and (b) in the event of the performance of the above sales contract, the Plaintiff shall return the existing contract for collateral security and the document for cancellation owned by the mortgagee to the mortgagee.”

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