구상금
1. Revocation of a judgment of the first instance;
2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
3. An objection to the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 27, 2003, the Plaintiff acquired the ownership of each real estate listed in the separate sheet (hereinafter referred to as “land 1, 2, and 3” in the order of order, and the combination thereof referred to as “each land of this case”) on the grounds of inheritance by consultation and division. On November 10, 2008, the Plaintiff completed the registration of creation of a mortgage (hereinafter referred to as “first collateral security”) with respect to each land of this case as KRW 290 million with the maximum debt amount, and the debtor as the Plaintiff and the mortgagee as the G Association.
B. On August 18, 2009, the Plaintiff and the Defendant concluded a sales contract for each of the instant lands (hereinafter “instant sales contract”). The main contents are as follows.
Real estate sales contract;
1. Indication of real estate: Each land and area in this case: 1,966 square meters (5.8 square meters);
2. Sales proceeds: The balance of KRW 230 million as a down payment: The payment shall be made five years after the date of transfer of registration.
A loan of KRW 230 million shall be separately specified in the special agreement on succession.
Special agreement terms and the down payment shall be the acceptance of the G Association loans, and the balance shall be paid later.
[Loan Acceptance shall be accepted on a preferential basis prior to the registration, and any balance of the difference shall be governed by a separate agreement with the buyer B (which shall be paid after five years after the end of the contract). The transferee and transferee B shall immediately succeed to the G Loans of the transferor A and shall not be disadvantageous to the seller.
shall consult to comply with the separate agreement.
· Provided, That the third land shall be transferred after the payment of any balance, and the seller shall delegate all his/her authority to the purchaser.
The location of a land transfer/acquisition agreement: The transferor of each land of this case shall transfer to the transferee all the rights of each land of this case in KRW 300 million, and 230 million out of the price shall be deemed to succeed to the current G Union loans by the transferee, and the balance shall be KRW 70 million.