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1. The Defendant’s KRW 26,422,476 as well as the Plaintiff’s KRW 5% per annum from September 1, 2018 to March 14, 2019, and the following.
Reasons
1. Basic facts
A. On March 2017, the Defendant sold the pertinent land to the Plaintiff and E through the Dispute Resolution Co., Ltd., which he/she had worked as his/her representative at the time of port of port, and the real estate sales contract for the instant land was concluded on March 26, 2017 between the Plaintiff, E, and the Dispute Resolution Co., Ltd.
In the sale of the above real estate under Article 2 of the Real Estate Sales Contract, the buyer shall pay the purchase price as follows:
The purchase price: The gold bullion (400,000,000 won): The payment shall be made and received to the seller simultaneously with the contract. The intermediate payment shall be made and received on March 27, 2017. The remainder shall be paid and received on March 30, 2017. The payment shall be made on March 30, 2017 and the payment shall be made on March 30, 2017. The delivery of the real property of Article 3 shall be made on March 30, 2017.
Article 4 If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the above real estate or there is an unpaid amount of taxes and other charges, the seller shall remove the defects and burdens of the rights and transfer the full ownership to the buyer by the date of the receipt
except in cases of rights and amounts agreed to succeed.
B. According to the instant real estate sales contract, the Plaintiff deposited the down payment of KRW 5,000,000 on March 27, 2017, the intermediate payment of KRW 40,000,000 on March 27, 2017, and the remainder of KRW 355,000,000 on March 30, 2017, into the account in the name of the pertinent Dispute Resolution Co., Ltd., and the ownership transfer registration was completed in the name of the Plaintiff and E on March 26, 2017.
C. Meanwhile, at the time of the completion of the instant ownership transfer registration, the instant land was established with the maximum debt amount of KRW 450,000,000,000, the maximum debt amount of KRW 104596, Dec. 23, 2016, which was received on the instant land as the Daegu District Court Branch Branch, and the debtor, the defendant, and the collective security holder’s association (hereinafter “the instant collective security”).
F. The F.I.D. is the instant collateral security.