매매잔대금 등
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
1. Facts of recognition;
A. On February 1, 2011, the Plaintiff entered into a sales contract with the Defendant to sell KRW 329.5 million (hereinafter “instant contract”) to the Defendant at KRW 329.5 million (the contract amounting to KRW 10 million, the remainder KRW 319.5 million), which was owned by the Plaintiff in Busan Shipping Daegu, Busan, and KRW 203,204, and 205 (hereinafter “each of the instant real estate”). The Defendant paid the Plaintiff the down payment of KRW 10 million on the same day.
B. According to the terms and conditions of the above contract, the Plaintiff settled the burden of attachment, lease on a deposit basis, and right to collateral security established on each of the instant real property before the Defendant pays the remainder, and the Defendant paid the remainder of KRW 317,80,000,000,000,000 to the Dong Saemaul Depository, which is the creditor of the right to collateral security established on each of the instant real property, as the down payment, to pay the remainder of KRW 330,000,000,000 out of the loan obligation owed by the Plaintiff or D, or to take over the debt, and the remainder of KRW 319,50,000,000,000,000,000 as the aggregate of the lease deposit against the lessee of the instant real property and KRW 217
C. On February 8, 2011, the Defendant remitted KRW 31.7 million to the Plaintiff, and the Plaintiff completed the registration of ownership transfer on each of the instant real estate on February 18, 2011.
On February 25, 2011, the Defendant repaid each of the maximum debt amount of KRW 260 million on March 11, 201, and KRW 63.4 million on March 11, 201, to the Dong Saemaul Savings Depository, respectively. On March 11, 2011, the registration of creation of a neighboring Saemaul Savings Depository, which is the debtor, the debtor, the debtor, and the mortgagee of the right to collateral security, and the registration of establishment of a neighboring Saemaul Savings Depository, which is the mortgagee of the right to collateral security, was revoked.
[Reasons for Recognition: Facts without dispute, Eul evidence 4, Eul evidence 5-2 through 5, Eul evidence 13-1, 2, and 3, the purport of the whole pleadings]
2. The Plaintiff’s judgment on the legitimacy of the Plaintiff’s additional claim is at the appellate court.