매매대금
1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from January 7, 2015 to June 17, 2015.
The summary of this case is the case where the Plaintiff, the seller, seeks payment of the real estate purchase price against the Defendant, the buyer.
In fact, on August 12, 2010, with respect to No. 303 of Jung-gu Seoul, Jung-gu, Seoul, a multi-household house owned by the plaintiff, the establishment registration of the mortgage was completed on August 12, 2010 with the maximum debt amount of KRW 240 million.
The secured debt of the above collateral security is KRW 200 million.
On April 2, 2012, with respect to the above housing, a real estate sales contract was prepared on April 2, 2012 with the Plaintiff, the buyer, the Defendant, the sales price of KRW 330 million (the contract amount of KRW 30 million, the balance of KRW 30 million (the payment date May 2, 2012). On May 3, 2012, the registration of ownership transfer was completed on the ground of the above sales contract to the Defendant.
In relation to the above sales contract, a report on real estate transaction was made with the amount of KRW 30 million calculated by deducting the obligation to return the lease deposit of the above house from the purchase price of KRW 30 million, and the amount of KRW 30 million was the actual transaction price.
【Ground of recognition】 The Plaintiff’s assertion 1 (Effect of Sales Contract) is obligated to pay the purchase price according to the Real Estate Sales Contract of this case, which is the issue of whether the sales contract of this case’s 1, 2, and 3 is subject to the validity of the issue of the issue of this case’s 1) as a whole, and whether the secured debt of this case’s 2) is deducted.
The Defendant’s assertion real estate sales contract was prepared at will by the president of the FE of the Plaintiff’s city birth D and E real estate, and the Defendant, within two to three months, sold and sold within the name of two to three months, and lent only the name of the Plaintiff at the end of the president and the end of the FF president, who did not intend to purchase the instant house, and thus, the instant real estate sales contract is null and void.
In addition, the plaintiff set up a house price of which the market price does not exceed the amount of loans to the defendant for an excessive loan to exceed the amount of loans as KRW 30 million, and 2 years even if the defendant did not succeed to the above loan, even though he did not succeed to the above loan.