logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.11.15 2018가합410007
근저당권말소
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit, the defendant's succeeding intervenor's succession participation claim, and the counterclaim claim.

Reasons

Basic Facts

On November 17, 2017, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) paid the Defendant the price of KRW 1.8 billion according to the said sales contract; and (b) completed the registration of ownership transfer with respect to the instant land; (c) completed the registration of ownership transfer with respect to the Defendant with the maximum debt amount of KRW 1.7 billion on November 17, 2017, the Suwon District Court Sung-nam Branch Branch of Suwon District (hereinafter referred to as the “instant registration office”) established the registration of establishment of a neighboring land (hereinafter referred to as the “registration of establishment of a neighboring land”) pursuant to Article 82705, which was received on November 17, 2017.

2. Total sale price: 3.5 billion won: 1.8 billion won in the purchase price: the purchaser shall be paid 1.8 billion won in the lump sum on the contract date, and the seller shall be paid 1.8 billion won in the lump sum, and at the same time shall receive all the necessary documents for transfer of ownership and all the cancellation documents and auction withdrawal documents which are defective in the registration. 2) The payment method and time for the balance of KRW 1.7 billion in the land in question - The payment shall be made within one month from the date on which the final public announcement of establishment of the urban planning road is

- If the notice of the establishment of an urban planning road is not publicly notified within one year from the date of the sales contract, the buyer is not obliged to pay the balance of KRW 1.7 billion.

- In order to ensure the remainder payment of KRW 1.7 billion, the buyer shall deliver to the seller the documents establishing the first right to collateral security at the same time as transfer of ownership on the land

- If the buyer fails to pay the balance or if the opening of the road is not publicly notified within one year from the date of the sales contract, the seller will, without any condition, cancel the said right to collateral security.

If the buyer fails to perform this, the buyer shall immediately file a lawsuit, cancel the right to collateral security, and the seller shall compensate for all damages caused by the default.

On November 28, 2018, the Plaintiff filed the instant lawsuit against the Defendant seeking the cancellation of the registration of the establishment of the instant neighboring mortgage.

However, there is a problem.

arrow