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1. Defendant C’s KRW 560,000,000 and interest rate of KRW 15% per annum from September 3, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On July 18, 2013, Plaintiff A entered into a sales contract with Nonparty E with the content that the purchase price shall be KRW 936,00,000,000 for 10,314 square meters of forest land in Yeongdeungpo-gu, Young-gu (hereinafter “instant land”); and KRW 100,000 for the down payment shall be paid on the date of the contract, the remainder of KRW 836,000,000 on the date of the contract, and the remainder of KRW 836,00,000 for each payment until February 18, 2014 (hereinafter “instant sales contract”). The Plaintiff paid KRW 100,000,000 to E.
B. Plaintiff A, Defendant C, and E agreed to transfer the ownership of the instant land under the name of Defendant C, and to pay the remainder upon receiving a loan on security regarding the instant land by Defendant C as the debtor.
Accordingly, as to the instant land on May 29, 2014, E completed the registration of creation of a mortgage, which is the maximum debt amount of KRW 1,235,00,000,00 for the instant land, and the debtor C and an agricultural cooperative consisting of the collective security holders, for the establishment of a mortgage. On May 30, 2014, Plaintiff A borrowed KRW 950,000,000 from the agricultural cooperative consisting of the defendant C to the account under the name of the defendant C, and paid KRW 836,00,000 among them to E as the remainder of the instant sales contract, and E completed the registration of ownership transfer of the instant land on June 10, 2014.
C. On October 2, 2014, Plaintiff A borrowed money from Nonparty G and completed the registration of creation of a mortgage over Plaintiff A, the maximum debt amount of KRW 650,00,000 with respect to the instant land to G. However, as Plaintiff A failed to repay its debt to G, Plaintiff A applied for voluntary auction on May 6, 2015.
Plaintiff
B commenced a joint development project between Plaintiff A and the instant land from November 2014, and on February 10, 2015, Defendant C’s constituent agricultural cooperatives of the instant land acquired the secured obligation of collateral security against Defendant C’s constituent agricultural cooperatives.
E. Meanwhile, on July 2, 2015, Defendant C with respect to the instant land against Defendant D, who is a birthe, the mortgagee, the maximum amount of debt.