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1. The Defendant shall pay to the Plaintiff KRW 99,858,675 and the interest rate of KRW 15% per annum from November 3, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On July 19, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant. On July 19, 2016, the Defendant deposited KRW 57,541,325 in order to cancel the execution of provisional seizure on the instant real estate, and paid KRW 400,000 at the expense of cancelling the execution of the said provisional seizure, and remitted KRW 128,90,000 to the Plaintiff’s account.
B. As to the instant real estate on July 19, 2016, the registration of ownership transfer was completed on the grounds of sale on the same day in the future of the Defendant, and on August 25, 2016, the Defendant established the right to collateral security of KRW 528 million with respect to the instant real estate as the mortgagee of the Gwangju Bank as the maximum debt amount.
Meanwhile, prior to the instant sales contract, the Plaintiff: (a) established the right to collateral security with respect to the instant real estate as a mortgagee; (b) however, the Defendant established the right to collateral security; (c) paid KRW 263,300,000,000 to the money loaned from the Koju Bank; and (d) revoked the relevant establishment registration of collateral security with respect to the said real estate.
C. As to the instant sales contract, a sales contract (No. 1) that stipulates the sales price as KRW 550 million is prepared.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 2 and 4 (including additional numbers), the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff’s assertion 1) sold the instant real estate in KRW 50 million to the Defendant, and the Defendant did not yet pay KRW 99,858,675 out of the purchase price of the instant real estate. 2) The Defendant’s assertion C was the actual owner of the instant real estate, and the Plaintiff was under title trust.
C. .