beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Evidence 【Evidence 【A’ 【A’ 1 through 6, 1, 7-1 through 4, 8-1 through 3, 1, 2-1, 2, 3, 4, C’, 3, 4, 3, and 5-1: The purport of the whole pleadings;
A. On July 21, 2004, the Defendant acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant apartment”) on September 30, 2004 due to sale and purchase.
B. On August 20, 2004, the Defendant entered into a mortgage agreement with a national bank in the instant apartment, setting the maximum debt amount of KRW 23.4 million, and entered into a mortgage agreement on September 30, 2004, setting forth the priority of the national bank in the name of the bank in charge of the settlement of disputes as KRW 23.4 million, and entered into a mortgage agreement on August 20, 2004, setting the priority of the maximum debt amount of KRW 23.4 million with the national bank in the name of the bank in charge of the settlement of disputes on September 30, 2004, respectively.
C. On April 7, 2015, the Plaintiff concluded a sales contract between the Plaintiff and the Defendant to purchase the instant apartment at KRW 140 million with respect to the Defendant and the instant apartment as a broker for a licensed real estate agent E’s employee F on April 7, 2015 (hereinafter “instant sales contract”).
(2) In concluding a contract deposit, the Plaintiff agreed to pay the remainder KRW 126 million on April 7, 2015, and the remainder KRW 126 million on May 15, 2015. The Defendant agreed to receive the remainder from the Plaintiff on May 15, 2015 and to cancel the said order of priority 2 and 3. (2) On April 7, 2015, the Plaintiff paid the Defendant the down payment of KRW 14 million to the Defendant.
The Defendant entered into a lease agreement between the Defendant and D on April 29, 2015, with the view to F’s brokerage, that the instant apartment is worth KRW 1.7 million (the contract amount of KRW 6 million and the period from May 15, 2015 to May 14, 2017) with respect to the instant apartment as to KRW 1.7 million (the contract amount of KRW 6 million) and the period from May 15, 2015 to KRW 14,000, and the instant apartment is confirmed as being the sales contract, and the buyer succeeds to the lease at the same time as the transfer of ownership on the remainder date, and the down payment is paid on May 15, 2015.