매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 15, 2013, the Plaintiff and the Defendant sold 396,50,000 square meters of land for C, a land for a factory, and 869 square meters of land iron bars and 106.92 square meters of the second-class neighborhood living facilities of the second-class neighborhood living facilities (Dong 1), 198 square meters (hereinafter collectively referred to as “each of the instant real estate”), which are owned by the Plaintiff, to the Defendant on the same day, and prepared a real estate sales contract (Evidence 1) to pay the price on the same day.
The above real estate sales contract provides that the Defendant shall take over 210,000,000 won as collateral obligations against the right to collateral security, which was established on each of the instant real estate, of the Sungsung Saemaeul Community Depository (Seoul Saemaeul Community Depository prior to the change), and shall substitute the payment of the above amount for the purchase price. The Plaintiff shall bear interest on the secured debt up to July 31, 2013, and the Plaintiff shall take interest on the secured debt up to July 31, 2013, and shall cancel the right to collateral security and various seizures of the Jinjin General Construction Corporation, which was established on
B. At the time of the preparation of the above real estate sales contract, Nonparty D operated by the Plaintiff, and the Plaintiff’s wife (Death around September 12, 2013) had a claim amounting to KRW 737,700,000 against the FF fishery partnership corporation whose representative director is the Plaintiff, and the Defendant had a claim amounting to approximately KRW 420,00,000 against D.
According to the agreement between D and the plaintiff and the defendant who participated on the day of the above sales contract, the plaintiff's remaining claims for sales amounting to KRW 186,50,000 against the defendant were set off to the extent of equal amount with the outstanding claim against the plaintiff transferred from D to the defendant.
C. On the same day D, taking into account the aforementioned set-off of KRW 186,50,00,000 that was previously paid by the Plaintiff and KRW 186,50,000,00 that was previously paid from the Plaintiff’s side, D had the existing promissory notes with face value of KRW 737,700,000 issued by FF Fisheries Partnership replaced with the promissory notes with face value of KRW 370,00,000,000, and the Plaintiff issued all the documents necessary for the registration of ownership transfer on each of the instant real estate to the Defendant.