매매대금
1. Defendant B’s KRW 769,091,877 as well as 5% per annum from April 3, 2014 to June 13, 2016 to the Plaintiff.
1. Determination as to the claim against the defendant B
A. A. Around August 2005, the Plaintiff entered into a contract with Defendant B to purchase at KRW 1.2 billion the Gangnam-gu Seoul Gangnam-gu G Apartment No. 600 of the fifth floor (hereinafter “instant apartment”) (hereinafter “instant apartment”).
(2) Of the purchase price, KRW 680 million was decided to take over KRW 680 million against a new bank in the name of H established in the apartment of this case. The Plaintiff paid to Defendant B a sum of KRW 30 million on April 21, 2005, KRW 100 million on August 23, 2005, KRW 230 million on August 30, 2005, KRW 200 million, KRW 40 million on December 6, 2005, KRW 50 million on January 4, 2006, KRW 50 million on January 13, 2006, KRW 205,000 on August 30, 2005, and KRW 25 million on December 25, 2005, respectively.
(3) From June 2, 2006 to February 1, 2011, the Plaintiff paid KRW 222,404,057 interest on the loan obligation under H H’s name, which the Plaintiff agreed to acquire. Since 2006, the Plaintiff paid KRW 22,084,570 and KRW 4,603,250 on the instant apartment property tax imposed on F of the registered titleholder.
(4) On November 21, 2007, Defendant B delayed the Plaintiff’s duty to register the ownership transfer of the instant apartment, which created a right to collateral security of KRW 750 million with the maximum debt amount of KRW 750 million under the name of Defendant B, and on December 24, 2009, set the right to collateral security of KRW 100 million with the maximum debt amount of KRW 100 million under the H’s name.
H The registration of the establishment of a neighboring real estate in the name of H was cancelled on October 7, 2013, but the registration of the establishment of a mortgage was completed on April 3, 2014 after H was awarded a successful bid for the instant apartment in the Seoul Central District Court J real estate auction commenced on March 9, 2012 due to the execution of the I’s right to collateral security.
(5) As the instant apartment is sold to H in the auction procedure, the obligation to transfer the ownership of the instant apartment to the Plaintiff in Defendant B was impossible, and thus, the sales contract of the instant apartment is rescinded by serving a duplicate of the instant complaint on the Plaintiff.
Accordingly, Defendant.