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Reasons
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(영문) 수원지방법원성남지원 2017.06.23 2015가합206887
말소등기에 대한 승낙의 의사표시
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 22, 2007, the Plaintiff entered into a sales contract with B Co., Ltd. (hereinafter “B”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter “the instant building No. 204”) as the sale price of KRW 832,915,40 (the contract price of KRW 83,291,540, the balance of KRW 749,623,860). On February 1, 2007, the Plaintiff entered into a sales contract with each of the following terms (hereinafter “instant sales contract”) with regard to the real estate listed in the separate sheet No. 2 as the sale price of KRW 1,05,14,00 (the instant building No. 206) (the contract price of KRW 100,514,400, the balance of KRW 904,629,600).

B. The plaintiff completed the registration of ownership transfer on February 14, 2007 with respect to the building No. 206 under the contract for sale in this case. The plaintiff offered the building No. 206 on the same day as security, and received loans of KRW 460,00,000 from the Industrial Bank of Korea, and paid KRW 455,576,460 on the next day, and KRW 430,000 on the same day. 2) Further, after completing the registration of ownership transfer on June 28, 2007 with respect to the building No. 204 under the contract for sale in this case, the plaintiff offered the building No. 204 as security, and paid KRW 361,15,810 on the same day to B, June 29, 2007.

C. On February 2, 2009, the Plaintiff: (a) registered the establishment of a right to collateral security in the name of B; and (b) registered the establishment of a right to collateral security in the name of B with respect to the building No. 204, 206, respectively; and (c) registered the seizure of the right to collateral security in the name of B with respect to the Plaintiff on January 16, 2014 and January 23, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion.

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