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1. Of the instant lawsuit, the part on confirmation of non-existence of the obligation to implement the ownership transfer registration procedure and the part on confirmation of existence of lien.
Reasons
Basic Facts
The Plaintiff sold the land listed in 1 through 5 of the attached list in the procedure of voluntary auction of the real estate in Gyeyang-gu Seoul District Court (hereinafter each land is referred to as “instant land, 2, 3, 4, and 5”; and completed the registration of ownership transfer on November 5, 2014 after selling the said land and the housing listed in 6 (hereinafter “instant six housing”).
As to the instant land 1 on November 5, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 196.8 million, the debtor, the debtor, and the new bank (hereinafter “new bank”). As to the instant land and the instant six houses, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 368.4 million, the debtor, the Plaintiff, and the new bank with the mortgagee as the mortgagee.
The Plaintiff offered the said real estate as security and was loaned KRW 471 million from the new bank.
The Defendant respectively constructed 7 houses listed on the attached list No. 3 (hereinafter “instant 7 houses”) and 8 houses listed on the attached list No. 4 on the land of this case (hereinafter “instant 8 houses”) among the real estate listed on the attached list No. 3.
On November 24, 2014, the Plaintiff concluded a sales contract with the Defendant to sell the instant land and the instant six houses (hereinafter “instant sales contract”) as follows.
Matters requiring special agreement - The instant land and the instant 6 houses - the owner of the building under construction on the ground of the commercial sale goods shall be transferred to A (Plaintiff), B (Defendant) shall be completed at his own expense within four months from the date of the contract, and the purchase price shall be paid, and the ownership shall be transferred to B, and detailed special agreement shall be as follows:
1. The owner of a building under construction on the ground of two parcels of land in the instant case 3 and 4 shall be changed to A, and the construction shall progress.
2. After the date of the contract;