(영문) 수원지방법원 2018.04.04 2017가합17361

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(영문) 수원지방법원 2018.04.04 2017가합17361

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate of this case, and the Defendant is the mortgagee of each real estate of this case, who operates a rice processing complex of this case, and is the mortgagee of each of the instant mortgages.

B. On August 5, 2015, the Plaintiff purchased and sold each of the instant real estate and completed the registration of establishment of each of the instant real estate establishment (hereinafter “D”).

) When selling each of the instant real estate to the Plaintiff at KRW 1,550,000,000, the down payment of KRW 150,000 shall be paid on the date of the contract; KRW 50,100,000 shall be paid on the date of the contract; KRW 50,100,000 shall be succeeded by D; KRW 200,000 shall be paid on September 21, 2015; KRW 450,000 on December 4, 2015; and KRW 69,900,000 on January 5, 2016 (hereinafter referred to as “instant sales contract”).

(A) Appendix 1) A special medicinal port

1. If the buyer pays the down payment to the seller, the seller establishes the right to collateral security with the amount of the maximum debt, which shall be KRW 1,800,000,000, in the establishment of the right to collateral security with respect to the sold real estate as the buyer, and the seller actively cooperates in the establishment of the right to collateral security;

2. Prior to the establishment of the above right to collateral security, the seller must deliver to the seller the “certificate of shipment” in the purport of the guarantee that the FFFFFFFF shipping grain (ree.g., rice) with respect to the total sum of the intermediate payment and remainder prior to the establishment of the right to collateral security, and the seller has a duty to cooperate in the establishment of the right to collateral

3. Where, after the right to collateral security has been created in accordance with paragraph (1), the purchaser fails to observe even once the intermediate payment and the balance payment date set forth in this contract, the seller may immediately receive grain from the FFFF agricultural cooperative on the basis of the guarantee under paragraph (2) and appropriate it for the purchase price.

4.Notwithstanding paragraph 3, the seller shall set out in this Agreement by the buyer.

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