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(영문) 대구지방법원 서부지원 2021.01.21 2020가합170

매매잔대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 10, 2009, the Defendant lent KRW 500 million to the Plaintiff.

B. On May 7, 2009, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 2 billion (the down payment of KRW 400 million when the contract was made, KRW 1.6 billion when the contract was made, and KRW 1.6 billion when the remainder payment was made) on the vehicles, steam, and machinery and appliances in the instant factory, with respect to the land and building owned by the Plaintiff, D land and ground buildings, E land and buildings, E land (hereinafter collectively referred to as “instant real estate,” collectively, and each building is referred to as “factory”).

When concluding the instant sales contract, the Plaintiff and the Defendant agreed to substitute the payment of part of the remainder of the purchase price of this case that the Defendant lent KRW 500 million to the Plaintiff.

At the time of the conclusion of the instant sales contract, the registration of the establishment of the right to collateral security (hereinafter “right to collateral security”) was completed with the Plaintiff, debtor, and the maximum amount of the claim amount of KRW 780,000,000 on the instant real estate.

(c)

On May 7, 2009, the Defendant paid to the Plaintiff a sum of KRW 100 million and KRW 500 million as part of the remainder of down payment and KRW 400 million out of the instant purchase price.

(d)

On May 15, 2009, the Plaintiff completed on May 15, 2009 the registration of transfer of ownership on the instant real estate to the Defendant on the ground of his sale on May 7, 2009.

E. On June 22, 2009, the Defendant paid to the Plaintiff KRW 646,906,830 (the amount equivalent to the actual amount of the secured debt as of June 22, 2009 of the instant right to collateral security) as part of the balance of the purchase price. The Plaintiff repaid the secured debt of the instant right to collateral security with the said money paid by the Defendant and revoked the registration of establishment of the instant right to collateral security on June 22, 2009.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be the defendant.