매매대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On or around the end of December 2013, the Plaintiff entered into a rice transaction contract with the Defendant and completed each registration after entering into a mortgage contract and superficies contract with the Defendant on January 9, 2014 with respect to real estate listed in the separate list owned by B and C in order to secure the payment of the purchase price. The creditor, the mortgagee, and the person holding the right to collateral security, with the Plaintiff as the Defendant, and the debtor as the Plaintiff.
According to the document establishing a right to collateral security and the document establishing a superficies between the Plaintiff and the Defendant, the obligee shall bear the remainder of the expenses except for the cost of purchasing national housing bonds among the cost of establishing a right to collateral security and superficies. As such, the Defendant shall pay the Plaintiff the remainder of KRW 7,923,510, excluding the cost of purchasing national housing bonds of KRW 6,679,000, and KRW 2,336,510.
2. According to the overall purport of evidence Nos. 1 through 4 and all pleadings, the Plaintiff entered into a mortgage contract and superficies contract with the Defendant on January 9, 2014 with respect to real estate listed in the separate list owned by B and C, a creditor, a mortgagee, a person holding superficies, and a debtor with the Plaintiff as the Plaintiff (hereinafter “each of the contracts of this case”), and completed each registration. The Plaintiff paid KRW 6,679,000 (including the amount of a house bond of KRW 1,092,00), expenses for registration of creation of superficies, KRW 2,36,510 to a certified judicial scrivener around that time. Article 2 of the above mortgage contract provides that the debtor or the founder bears the purchase expenses of national housing bonds, registration license tax, local education tax, registration fee, application fee and fees for a certified judicial scrivener. Article 5 of the above superficies contract provides that the registration of establishment of superficies, registration license tax and fees for a certified judicial scrivener, and local education tax.