Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is the owner of 388 square meters in Seopopopo-si E in Seopo-si (hereinafter “instant land”).
On June 26, 2019, the Plaintiff sold the instant land to Defendant D in KRW 585 million, and drafted a sales contract containing the following special terms and conditions:
(2) According to the instant sales contract, the intermediate payment of KRW 150 million is paid in accordance with the following special agreement, and the intermediate payment of KRW 150 million is paid in August 30, 2019, and the remainder KRW 280 million is paid in accordance with the special agreement.
The special terms and conditions agree to set up a right to collateral security against a buyer or a person designated by the buyer, including a down payment of KRW 150 million and an intermediate payment of KRW 100 million,000.
When the intermediate payment is not paid at the payment date of the intermediate payment, the seller may confiscate the down payment and cancel this contract, and the buyer shall cancel the right to collateral security established on real estate subject to sale.
When paying down payment, a purchaser shall pay the bank loan and seizure expenses on the register and pay the difference to the seller.
The date of transfer of ownership shall be designated by the seller and the purchaser on the basis of the part payment after the payment of the part payment, and the purchaser shall have the obligation to cooperate with him in establishing the right (such as collateral security, provisional disposition, etc.) requested by the seller for any balance unpaid during the time of transfer
The seller is currently responsible for the rental housing to the new section in 2020.
The purchaser shall lose the ground within 30 days after the delivery of the leased house, but the purchaser shall bear expenses incurred in loss.
Any balance within 20 days after the loss and the right established by the seller shall be cancelled at the time of the balance.
On June 26, 2019, regarding the instant land, KRW 300 million with the maximum debt amount, the obligor is a building for the purpose of the registration of creation of a mortgage consisting of Defendant D, the mortgagee B, and C, the superficiary B, C, and the duration establishment registration date, 30 years with respect to the instant land, and there is no rent.