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1. The Defendant amounting to KRW 23 million to the Plaintiff and the Plaintiff’s annual rate from May 5, 2018 to September 14, 2018.
Reasons
1. Basic facts
A. On May 15, 2013, the Plaintiff completed the registration of ownership transfer based on sale on May 9, 2013 with respect to real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On May 29, 2013, the Plaintiff completed the registration of creation of a mortgage over the instant real estate by the maximum debt amount of KRW 73,200,000,000,000,000,000,000,000,000 won, which was determined by C as the debtor, the Plaintiff, and the mortgagee C, with respect to the instant real estate as a collateral (hereinafter “the instant loan”), and leased the instant real estate to D by setting the lease deposit of KRW 70,00,000,000,000, and the lease deposit was paid by D as of August 30, 2015.
(hereinafter “instant lease deposit”). C.
E on July 2, 2015, between the Defendant and the Plaintiff on behalf of the Plaintiff, sold the instant real estate in KRW 150 million to the Defendant, and the Defendant paid the Plaintiff the down payment of KRW 23 million out of the purchase price at the time of concluding a contract, and succeeded to the Plaintiff’s obligation to refund the lease deposit of KRW 70 million as to the Plaintiff and the instant loan obligation of KRW 57 million as to the Plaintiff, and deducted each of the above obligations from the purchase price. If the Plaintiff completed the registration of ownership transfer on the instant real estate, the Defendant first completed the lease agreement with the Defendant on the instant real estate, and collected the lease agreement made between D and the Plaintiff, and concluded a sales contract to change the obligor of the instant loan of this case to the Defendant (hereinafter “instant sales contract”).
Accordingly, on July 30, 2015, the Plaintiff completed the registration of ownership transfer based on the instant sales contract with respect to the instant real estate to the Defendant, but the Defendant re-written D and lease contract in the name of the Defendant or the obligor of the instant loan obligation.