beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic factual basis of the instant case
A. On March 7, 2014, the Plaintiff sold to the Defendant an aggregate of KRW 175 million each share (hereinafter “each share of this case”) of the 1,997 square meters and D orchard 4828 square meters (hereinafter “each real estate of this case”) of the window C of Chang-si, Changwon-si and KRW 1,75 million (hereinafter “each share of this case”).
(A) The purchaser is "E and one other," and the above E can be known as a parent of the defendant, but the actual purchaser is determined as the defendant).
The Defendant, the buyer, paid the down payment of KRW 10 million on the date of the contract as agreed, and the intermediate payment of KRW 50 million was also paid until April 7, 2014 as agreed. The remainder of KRW 115 million shall be paid until May 7, 2014, and the Plaintiff, the seller, issued all limitations, such as mortgages that interfere with the exercise of ownership rights in each of the instant real estate, to the Defendant, who is the buyer, and did not pay the down payment in accordance with the agreement to pay the down payment at the same time.
C. The Plaintiff obtained a loan of KRW 50 million from Nonparty Chang Changwon Agricultural Cooperative and completed the registration of establishment of a collateral of KRW 65 million with respect to each of the instant shares as collateral to the said Nonghyup on June 17, 2008. However, on September 2, 2015, the obligation to be secured was repaid, and the relevant contract to establish a collateral was terminated and the registration was cancelled.
As a dispute arises between the Plaintiff and the Defendant over the implementation of the procedure for ownership transfer registration of each of the instant shares, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration of each of the instant shares based on the said sales contract (or KRW 2014Da1337, Dec. 26, 2014; and accordingly, the Plaintiff was paid KRW 115 million from the Defendant to the Defendant; and the Plaintiff filed an appeal against the Plaintiff, but the Plaintiff filed an appeal.