소유권이전등기
1. The defendant shall receive KRW 4.3 billion from the plaintiff and at the same time with regard to the real estate stated in the attached Form to the plaintiff.
1. Facts of recognition;
A. The Plaintiff leased the instant real estate (attached Form) owned by the Defendant from the Defendant to KRW 300 million as the lease deposit.
B. On October 28, 2016, the Plaintiff concluded the instant sales contract with the Defendant for the purchase price of KRW 4.8 billion, and paid the down payment of KRW 100 million on the date of the contract, and the intermediate payment of KRW 100 million on November 2, 2016, respectively, and paid the remainder of KRW 4.3 billion after deducting KRW 300 million from the remainder of KRW 4.6 billion.3 billion, the Plaintiff paid the remainder of KRW 4.3 billion on January 16, 2017.
C. Meanwhile, on the other hand, the instant real estate was completed on February 16, 2015, the registration of creation of a neighboring mortgage (the maximum amount of claims KRW 3.88 billion, the actual amount of claims KRW 3.24 billion: KRW 1 billion; hereinafter “the first mortgage”) and the registration of creation of a neighboring mortgage (the maximum amount of claims: KRW 1.8 billion, the actual amount of claims: KRW 1.5 billion: KRW 1.5 billion; hereinafter “the second mortgage”) on November 24, 2015, respectively. However, at the time of the instant sales contract, the original Defendant agreed to simultaneously cancel the registration of creation of a neighboring mortgage at the same time as the payment of the balance.
On January 11, 2017, the Plaintiff obtained credit approval for KRW 3.24 billion from the Industrial Bank of Korea on January 11, 2017, by providing that the instant real estate shall be paid with a loan as collateral, and the remainder of KRW 1.6 billion (i.e., the balance of KRW 4.3 billion - the amount of credit approval amount of KRW 3.24 billion) remaining (i.e., the remainder of KRW 4.., the remainder of KRW 4.3 billion) and met on January 16, 2017, which is the remainder of the remainder.
However, the defendant requested the postponement of the balance date on the ground that the funds for cancellation of the right to collateral security were not provided more than two times.
E. Accordingly, on January 17, 2017, the Plaintiff notified the Defendant that “the time and place for the cancellation of the right to collateral security and the payment of the remainder shall be known to the Defendant at any time.” However, the Defendant did not comply therewith.
In other words, on April 13, 2017, the Plaintiff revealed that it did not intend to rescind the instant sales contract to the Defendant.