매매잔대금
1. Revocation of a judgment of the first instance;
2. The plaintiff (Counterclaim defendant)'s principal claim and the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 9, 2005, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”). On September 7, 2007, the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) was completed with respect to the right to collateral security (hereinafter “the right to collateral security”) in the name of the Plaintiff, and each of the rights to collateral security in the name of Han Bank, E, and F was terminated.
B. On January 26, 2011, a sales contract was prepared between the Plaintiff and the Defendant with respect to the instant apartment as to KRW 180 million, with respect to the sales price as to the instant apartment.
(hereinafter “instant sales contract”). At the time of January 26, 201, the amount of the secured debt of the instant right to collateral security is KRW 157,948,584, totaling the principal and interest.
C. On January 26, 2011 and January 27, 2011, the Defendant revoked the above right to collateral after fully discharging the secured obligation of the instant right. On January 27, 2011, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant on the ground of the instant purchase and sale.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff asserted that the plaintiff sold the apartment of this case at KRW 180 million to the defendant, and that the defendant merely paid 157,948,584 won as a loan to the Gyeonggi Mutual Savings Bank in lieu of the payment of the purchase-price, and did not pay the remaining purchase-price (=180,000,000 - 157,948,584 won). Thus, the defendant is liable to pay the plaintiff the above purchase-price 22,051,416 and delay damages.
In regard to this, the Defendant had several monetary transaction relationships between the Plaintiff and the Defendant, and in lieu of the payment of the purchase price, the Plaintiff and the Defendant.