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1. Defendant B received KRW 215,907,916 from the Plaintiff, and at the same time real estate indicated in the attached Table to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. The facts of recognition 1) Defendant B’s ancillary C and real estate listed in the separate sheet (hereinafter “instant apartment”).
(C) On July 3, 2010, upon entering into a title trust agreement with the Plaintiff and the instant apartment with the knowledge of the circumstances under the above title trust agreement, C concluded a sales agreement to purchase KRW 665 million (hereinafter “instant sales agreement”).
(2) According to the instant sales contract, the Plaintiff and C paid the remainder amount of KRW 50 million on July 4, 2010, and KRW 10 million on July 6, 2010, and KRW 595,000,000 from the remainder on July 6, 2010 (the remainder on August 25, 2010, extended to September 30, 2010), and the buyer paid KRW 341,098,000 in total (the remainder payment date on September 30, 2010). The buyer paid KRW 341,098,00 (the mortgagee, Seoul Special Metropolitan City, the obligor D, the maximum debt amount of KRW 17,098,00 in total, and the National Bank of Korea (hereinafter referred to as the “National Bank of Korea”) respectively.
(1) The lower court determined that the lower court did not err by misapprehending the legal doctrine on the right to collateral security (hereinafter referred to as the “mortgage”) No. 10 on December 18, 2009, and did not err by misapprehending the legal doctrine on the right to collateral security (hereinafter referred to as the “mortgage”).
(ii) have taken over the secured obligation;
3) C paid to the Plaintiff KRW 20 million with the purchase price under the instant sales contract, KRW 40 million on July 3, 2010, KRW 40 million on July 4, 2010, KRW 10 million on July 6, 2010, KRW 250 million on August 25, 2010, KRW 90 million on the instant apartment, and the Plaintiff paid to Defendant B on September 30, 2010, KRW 45423 on September 30, 2010, the ownership transfer registration based on the instant sales contract (hereinafter “instant ownership transfer registration”).
(4) On September 30, 2010, Defendant B borrowed KRW 260 million from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and received on September 30, 2010 from us the Seoul Central District Court registry office with respect to the apartment of this case.