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

Purport of claim and appeal

1...

A. On May 9, 2007, the Plaintiff was the owner of land B in Pyeongtaek-gun (hereinafter “instant land”). On May 4, 2007, the Plaintiff completed the registration of ownership transfer on the instant land on the ground of sale on May 4, 2007, and the transaction value on the registry is KRW 14,040,000.

B. On March 18, 2004, the registration of creation of a neighboring mortgage (hereinafter “mortgage”) No. 2733, which was established on the instant land, was cancelled on the ground of termination on May 7, 2007 as of May 9, 2007, on the ground that the registration of creation of a neighboring mortgage (hereinafter “mortgage”) was cancelled on May 7, 2007.

2. The assertion and judgment

A. (1) On May 4, 2007, the Plaintiff sold the instant land to the Defendant in KRW 14,040,000. Of the above sales amount, the Defendant would pay KRW 4,001,863 equivalent to the secured debt amount of the instant mortgage and substitute the payment for the sales amount. The remainder was paid after the Defendant completed the registration of ownership transfer of the instant land.

Then, the Defendant paid the above KRW 4,001,863, and the Plaintiff revoked the instant collateral and completed the registration of ownership transfer of the instant land, but the Defendant did not pay the remainder of sale. As such, the Plaintiff, 10,000,000 won, which the Defendant discharged from the instant complaint, claimed KRW 10,000,00 as the remainder of sale (i.e., KRW 14,040,000 (= KRW 14,040,000 - 4,000) since the secured debt amount discharged by the Defendant in the instant complaint was KRW 4,000,000,00,000), but thereafter, it was confirmed that the secured debt amount was the cause of 4,001,863, and corrected the claim amount without modifying the claim’s purport ( KRW 10,00,000).

The payment of and damages for delay shall be claimed.

(2) The husband of the Defendant, who is the Defendant’s member, and the Plaintiff’s relative.