근저당권설정등기말소
1.The judgment of the first instance shall be modified as follows:
The defendant shall provide the plaintiff with the real estate listed in the attached list 1.
1. Basic facts
A. On September 27, 2011, the Plaintiff entered into a sales contract. On September 27, 201, the real estate purchased by the Defendant and the Plaintiff listed in the separate sheet (hereinafter “instant apartment complex”), and the entire apartment complex in which the said apartment complex belongs is called “the instant apartment complex.”
A) The sales contract was concluded to sell the apartment in lots in KRW 812,50,000, and the contract was concluded to supply the balcony expansion and other options of the apartment in this case to KRW 48,680,000 on the same day (hereinafter the above sales contract and the above supply contract collectively referred to as the “instant sales contract”).
According to the instant sales contract, the Plaintiff paid 43,00,000 won as down payment on the date of the contract (the down payment of 40,000,000 won for the sales contract) to the Defendant, and the remainder shall be paid on December 27, 2011. (2) At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant at the time of the conclusion of the instant sales contract, and ① on December 27, 2013, where the base price as of December 27, 2013 of the instant apartment does not exceed 40,000,000 won compared to the sale price as at the time of the instant sales contract, the difference should be guaranteed within the limit of 40,00,000 won under the instant special agreement (hereinafter “instant special agreement”) and ② the condition of the instant sales contract should be modified to guarantee the sale contract terms and conditions (hereinafter “the instant special agreement”).
3. At the time of entering into the instant sales contract, the Defendant awarded a discount of KRW 41,920,000 out of the sales price of the instant apartment under the pretext of providing the Plaintiff with interest calculated at the rate of 4.3% per annum on the amount equivalent to 60% of the sales price of the instant apartment for two years.