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(영문) 대전지방법원 공주지원 2017.04.20 2016가단1280
근저당권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 8, 2008, the Plaintiffs concluded a sales contract with respect to the purchase price of KRW 5,500,000 for the purchase price of KRW 9,310 square meters (2,50,000 for a contract payment, KRW 52,500,000 for a contract payment, and KRW 52,50,000 for a contract payment, etc.) prior to P, P, each of which owns 1/2 shares, between Q and Q, respectively (hereinafter “instant real estate”). Paragraph (1) of the special terms and conditions of the special agreement, “The remaining mortgage shall be created when the land transaction permission zone is not immediately transferred.” Paragraph (2) and Paragraph (4) of the same Article, and Paragraph (4) of the same Article, “The seller agrees to provide the bank security at the time of Geum-si’s remaining land use with his seal imprint attached, and the seller received the down payment from Q.

B. On September 10, 2008, the Plaintiffs completed the registration of the establishment of the neighboring mortgage, which is the debtor Q Q and the right to collateral security, with respect to the instant real estate, and received KRW 42,00,000 from Q.

C. On September 18, 2008, with respect to the instant real estate between Q and Q, the Plaintiffs drafted a certificate of right to registration in Q Q, the Plaintiffs waive their right to use the land (a copy of a certificate of right to use the land) and the certificate of right to create a collateral security (the maximum amount of the claim) on the register of the above land at the time of the non-performance of the right, and the Plaintiffs shall transfer the cancelled documents to Q to Q when transferring the ownership (the costs of establishment and cancellation are borne by Q). In this regard, the buyer Q and Q are prohibited from claiming damages or collecting claims in any form against the seller; and Q and the Plaintiffs prepared a waiver of right and a letter of commitment to the fulfillment of agreement (hereinafter “each of the instant documents”).

The Plaintiffs on October 1, 2008.

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