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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant shall make January 1, 2013 to the Dongcheon Registry of Incheon District Court.
Reasons
1. Basic facts
A. On January 25, 2013 at the Defendant’s request, the Plaintiff made a pre-sale agreement with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant pre-sale agreement”) if the Defendant fails to pay KRW 800,000 by June 2013 in order to secure the principal and interest of the loan (hereinafter “each of the instant real estate”), and the Defendant completed each of the provisional registrations listed in the separate sheet (hereinafter “each of the instant provisional registrations”) against the Plaintiff on the same day.
B. On the other hand, on August 5, 2010, the Plaintiff leased KRW 100,000 to the Defendant at an interest rate of KRW 2.5% per month, 3% per month, and 150,000 per annum on February 5, 2011. To secure this, the Plaintiff completed the registration of creation of a mortgage over KRW 150,000 for each of the instant real estate (hereinafter “registration of creation of a mortgage over the first place”) on the same day. On the first day of January 201, 201, 200,000 to the Defendant at an interest rate of KRW 2.5% per month and delay damages rate of KRW 3% per month. To secure this, on February 1, 2011, the Plaintiff completed the registration of creation of a mortgage over each of the instant real estate at an interest rate of KRW 300,000,000 (hereinafter “registration of creation of a mortgage”).
C. The Defendant failed to pay KRW 800,000,000 by June 1, 2013, the Plaintiff filed a claim with the Defendant for the implementation of the principal registration based on each of the instant provisional registrations on July 1, 2013, and the Defendant issued the documents necessary for the performance of the principal registration to the Plaintiff.
The total market value of each real estate of this case at the time of the promise to sell and purchase this case is KRW 962,509,440.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 9 through 13 (including each number), the market price appraisal results and the purport of the entire pleadings against this Court C.
2. According to the above facts of recognition as to the cause of the claim, this case is examined.