매매잔대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.
2. The total cost of the lawsuit.
1. Facts of recognition;
A. On November 25, 2015, the Plaintiff entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 1120 million (i.e., KRW 110 million at the time of a contract: KRW 110 million at the time of an intermediate payment; ② intermediate payment: KRW 130 million on December 15, 2015; and ③ any balance: KRW 3.88 billion on December 24, 2015 (hereinafter “instant sales contract”); and agreed to actively cooperate with the Defendant in conducting the business of purpose in each of the instant real estate at the time of payment of intermediate payment by harming the Defendant’s consent to land use (hereinafter “instant sales contract”).
B. In addition to the provisional contract amount of KRW 20 million paid by the Defendant on November 11, 2015, the Plaintiff received the remainder down payment of KRW 90 million on the day of the instant sales contract, and received the intermediate payment of KRW 130 million on December 17, 2015.
C. After that, on December 22, 2015, the Plaintiff and the Defendant: “At the same time, the Plaintiff transferred the ownership of each of the instant real estate to the Defendant; the Defendant obtained a loan of KRW 300 million from the C Association (hereinafter “C”) on the security of each of the instant real estate, and paid the remainder of KRW 580 million to the Plaintiff as part of the remainder; and the Defendant agreed to set up a collateral security agreement with respect to each of the instant real estate as the Defendant borrowed from the Plaintiff (hereinafter “instant agreement”); on the same day, the Defendant drafted a loan certificate of KRW 580 million with respect to each of the instant real estate (repaid August 31, 2016) to the Plaintiff.
In accordance with the instant agreement, on December 28, 2015, the Plaintiff completed the registration of ownership transfer for each of the instant real estate to the Defendant. On the same day, the Defendant completed the registration of ownership transfer for each of the instant real estate, and at the same time, extended a loan of KRW 300 million from C to the Plaintiff as part of the remainder of the remainder (i.e., the loan amount) by taking out a loan of KRW 300 million from C, and paying the remainder to the Plaintiff as security for the remainder (i.e., the loan amount).