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1. The Defendant’s KRW 90,000,000 as well as 5% per annum from September 4, 2018 to June 11, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 22, 2018, the Plaintiff decided to purchase the Da apartment E (hereinafter “instant apartment”) from the Defendant (hereinafter “instant apartment”) and concluded a sales contract with the following terms (hereinafter “instant sales contract”).
- Sales proceeds: 20 million won - down payment: 25 million won at the time of the contract and received at the time of the contract. - The remainder of the rental deposit 120 million won shall be succeeded by the buyer - The payment shall be made on August 25, 2018 at KRW 65 million.
B. The creation of a mortgage (hereinafter “instant mortgage”) was completed on the instant apartment with the maximum debt amount of KRW 120 million, and the establishment of a mortgage (hereinafter “instant mortgage”). However, G, the representative director of the Defendant Company, concluded that if the Plaintiff received the remainder of the instant apartment, G would repay the loan to the Plaintiff with the said money and cancel the instant mortgage.
C. On June 22, 2018, the date when the instant sales contract was concluded, the Plaintiff paid KRW 25 million as down payment, and KRW 65 million as of September 4, 2018.
The Defendant Company received any balance from the Plaintiff under the instant sales contract, but used it for other purposes, and failed to cancel the instant collateral security.
E. The registration of provisional seizure (hereinafter “registration of provisional seizure of this case”) was completed on the apartment of this case as follows.
- Creditors H, claim amount of KRW 20 million on November 13, 2018 (Supplementary Branch of Busan District Court 2018Kadan2102), and cancellation on December 7, 2018, - creditors I and 1,500,000 won (Supplementary Branch of Busan District Court 2018Kadan102192) on November 14, 2018 - Creditor Credit Guarantee Foundation, claim amount of KRW 72 million on October 1, 2019 (Supplementary Branch of Busan District Court 2019Kadan53816), creditor corporation, claim amount of KRW 8,148,040,000 on October 29, 2019
F. F Co., Ltd., a collateral security right holder of the instant apartment, filed an application for voluntary auction on the instant apartment, and on October 29, 2019 from this court.