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(영문) 서울중앙지방법원 2016.11.29 2015가단5341381
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Facts on the premise

A. On October 24, 2012, the Plaintiff entered into a sales contract with G to sell land D, E, and F (hereinafter “instant real estate”) of the Gyeonggi-gu Gyeonggi-do (hereinafter “instant real estate”), KRW 370 million (the contract amounting to KRW 40 million, intermediate payment of KRW 100 million, the remainder of KRW 230 million, and the remainder of KRW 230 million) (hereinafter “instant sales contract”), and received KRW 20 million from G as the first down payment.

If G deposit is paid at the time of the above sales contract, the Plaintiff set up a collateral on the instant real estate to a person designated by G, and entered into the following special terms:

* If the buyer transfers the right to collateral security to a third party or commits any legal act with respect to the right to collateral security before the buyer pays in full the balance, the buyer shall be fully and severally liable to the seller.

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

* The seller cannot raise an objection against the termination of the right to collateral security in the name of a third party on the land subject to the sale after cancelling the contract by the seller unless the buyer pays an intermediate payment or pays the due date for payment.

* 24,000,000 on October 24, 2012, 2000,000 on November 24, 2012, 2000,000 after the enforcement of the intermediate payment. * The debtor (contractor) pays the creation document to the seller after the completion of the creation.

B. The Plaintiff established the right to collateral security shall be set to H designated by G on the day of the above sales contract, and delegated the application for registration of establishment of the right to collateral security to Defendant C, a certified judicial scrivener.

As to the instant real estate on the same day, the establishment registration of a neighboring mortgage with the contract on the same date as the grounds for registration, the maximum debt amount of KRW 240,000,000, G, and creditor H was completed.

(hereinafter) The foregoing collateral security (hereinafter referred to as the “mortgage”) and the registration (hereinafter referred to as the “mortgage creation registration”).

(i) Delivery of terminated Documents, etc. (G) on behalf of H on the same day.

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