소유권말소등기
1.The judgment of the first instance shall be modified as follows:
Defendant B shall pay KRW 16,981,910 from the Plaintiff (Counterclaim Defendant).
1. Facts of recognition;
A. D, on September 4, 2007, died on February 11, 2010, and the Plaintiff is the sole heir of D (hereinafter “the deceased”).
B. On February 14, 2008, Defendant B concluded a sales contract with respect to the real estate indicated in the attached Table 1 list (hereinafter “instant real estate”) owned by the Deceased on behalf of the Deceased on February 14, 2008 (hereinafter “instant one”) with regard to the purchase price of KRW 1.4 million, the down payment of KRW 10 million, and the intermediate payment of KRW 50 million on February 20, 2008, and the remainder payment of KRW 50 million on February 20, 2008, and the remainder of KRW 54 million on February 28, 2008 (hereinafter “instant one sales contract”). As a special agreement, Defendant B decided to pay the decedent’s debt to the Saemaul Community Depository, and to cancel the collateral security of the Pakistan, which was made on the instant one real estate.
Accordingly, on February 21, 2008, Defendant B repaid the secured debt of KRW 16,981,910 to the Korea Saemaul Bank of Pakistan. As to the real estate of this case, the registration of ownership transfer based on the sales contract of this case was made on February 26, 2008 by the Jungyang-gu District Court of Jungyang-gu Seoul District Court No. 12677 on February 26, 2008 (hereinafter “the registration of ownership transfer”).
C. On January 7, 2008, Defendant C’s sales price of KRW 48 million and KRW 5 million on the date of the contract, and the remainder KRW 43 million on the same month as of the date of the contract, between E and E who represented the Deceased on behalf of the Deceased (hereinafter “instant two real estate”).
9. A sales contract was concluded to pay to the lessee of the instant 2 real estate (hereinafter “instant 2 sales contract”). According to the special agreement, Defendant C acquired a lease contract for the lessee of the instant 2 real estate (a lease deposit amount of KRW 5 million, monthly rent of KRW 350,00) and a collateral security obligation under the name of a new bank under the name of the instant 2 real estate, and settled the balance by discharging the debt amount of KRW 2,498,580 attached due to the payment of health insurance.
Accordingly, the defendant.