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(영문) 대구고등법원 2016.10.12 2016나22586
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 23, 2014, upon the introduction of D’s representative director D, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1.525 million of forest land in Ansan-si, a part of the instant building, which is an aggregate building. Each of the real estate listed in the attached list, entered into a sales contract with the Defendant to purchase KRW 1.525 million of forest land in Ansan-si.

B. Around April 20, 2015, the Plaintiff did not pay the remainder after paying KRW 85.27 million out of the purchase price actually to be paid. The Defendant notified the Plaintiff that “if the remainder of the purchase price is not paid by April 24, 2015, the Plaintiff would cancel the said purchase and sale contract.”

C. On April 22, 2015, the Plaintiff again purchased KRW 218 square meters of G forest from the Defendant on April 22, 2015 from the instant building and Ansan-si, Ansan-si (hereinafter “instant sales contract”).

(2) Upon entering into a contract with the Defendant, the Plaintiff acquired the lease agreement of the instant building tenants and the existing mortgage loan of the instant building, which entered into a contract with the Defendant. 5. The amount to be paid by the Plaintiff to the actual Defendant is KRW 25,50,050,000,000 calculated by subtracting the amount of KRW 1.274,50,000,000 from the purchase price of KRW 1.525,000.6. The Defendant lent KRW 300,000 to the Plaintiff at the annual rate of KRW 5.5% (one percent per annum, and the Plaintiff shall pay interest each month to the Defendant from the borrowing date, and the principal shall be repaid in full within 36 months from

As to the loan amount of KRW 300,000,000,000 for the Defendant, the Plaintiff transferred the ownership of the commercial building Nos. 101 and 102 of the instant building at the same time, with the maximum debt amount of KRW 360,000.

7. 16,5230,000 won calculated by deducting the down payment of KRW 85,527,000,000,000, the actual amount to be paid by the Plaintiff, is the actual remaining amount to be paid by the buyer. Of this amount, the Defendant is the above 6.

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