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The defendant receives on February 1, 2019 from the family court of Jung-gu District on each land listed in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On November 28, 2013, with respect to each parcel of land listed in the separate sheet (hereinafter “each parcel of land of this case”) owned by the Plaintiff, the Plaintiff completed the registration of creation of a mortgage over KRW 338 million with respect to each parcel of land indicated in the separate sheet (hereinafter “C”), and completed the registration of creation of a mortgage over the maximum debt amount of KRW 1.5 billion with respect to the D Association on June 28, 2018 (hereinafter “D”).
B. On January 25, 2019, the Plaintiff entered into a sales contract with E to sell each of the instant lands at KRW 1 billion (hereinafter “instant sales contract”). At the time, the Plaintiff: (a) made a provisional registration based on a sales promise to E or to a person designated by E; and (b) made E with acceptance of land use after entering into a sales contract; and (c) E paid interest on KRW 240 million for C’s loans from February 2019; and (d) upon termination of D’s right to collateral security, paid KRW 100 million out of the purchase price to the Plaintiff; and (b) agreed to immediately perform construction after entering into the sales contract.
C. On January 28, 2019, the Plaintiff entered into a trade promise with the Defendant designated by E on December 31, 2020 with respect to each of the instant land (hereinafter “instant pre-sale promise”) with the purchase price of KRW 70 million and the date of the completion of the sale, and on February 1, 2019, entered into a provisional registration with respect to each of the instant land (hereinafter “the instant provisional registration”).
However, E did not pay interest for KRW 240,000,000 of C’s loans from February 2, 2019. Although the Plaintiff cancelled the establishment registration of D’s neighboring mortgage on each of the instant lands on April 24, 2019, E did not pay KRW 100,000 out of the purchase price under the instant sales contract to the Plaintiff.
E. Accordingly, on May 1, 2019, the Plaintiff urged E to pay a KRW 100 million out of the interest and the purchase price of the above loan, but E did not comply with this.