중도금
1. The Defendant (Counterclaim Plaintiff) served the Plaintiff (Counterclaim Defendant) with an authentic copy of KRW 70,679,528 and this judgment.
1. Basic facts - around December 27, 2006, the defendant completed the registration of transfer of ownership in his name with respect to Nos. 2 of Mapo-gu Seoul Mapo-gu, a multi-unit building No. 2 (hereinafter referred to as the "real estate of this case").
- The Plaintiff, as an executing agent of the “C Regional Housing Association Project” on April 2007, purchased the instant real estate from the Defendant in the amount of KRW 150,000,000, and under a special contract, the Plaintiff guaranteed the Defendant the so-called “roat’s right to parcel out to the Defendant,” and paid a penalty of KRW 100,000,000,000
(hereinafter referred to as “the initial sales contract”) - The Plaintiff, on August 14, 2009, purchased the instant real estate from the Defendant again in the amount of KRW 250,000,000, and the down payment amount of KRW 25 million was paid from August 20, 2009 to February 1, 2010 during the period from December 27, 2009.
(hereinafter. In addition, the Plaintiff promised that “if the remainder is not paid by February 1, 2010, the Plaintiff shall pay the remainder to the Defendant separately from the remainder.”
(hereinafter referred to as “instant additional agreement”). - The Plaintiff paid 24,701,359 won to the Defendant as the down payment on August 20, 2009, and paid 100 million won in total to the Defendant on March 18, 201 and November 3, 2011.
- After that, around October 2, 2014, the Defendant completed the registration of ownership transfer concerning the instant real estate in the future D.
- Meanwhile, at the time of the conclusion of the instant sales contract, the Defendant took out a loan of KRW 34 million from the National Bank as collateral. On August 20, 2009, the Plaintiff took out a loan of KRW 78 million from the Gyeonggi Dental Credit Union (hereinafter referred to as the “Seoul”) under the name of its employee, and repaid the Defendant’s obligation of loans of KRW 34 million to the Defendant’s National Bank (hereinafter referred to as the “the instant loan”). At the time of the Plaintiff being given the loan, the Defendant offered the instant real estate as collateral.
- Thereafter, the Plaintiff is entitled to KRW 28 million out of the instant loans.