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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list No. 1.
2. The costs of lawsuit shall be borne by the defendant.
Reasons
1. Basic facts
A. (1) On February 19, 2010, the Defendant completed the registration of ownership preservation on the real estate stated in Paragraph (1) of the Attached List.
With respect to the real estate stated in the attached list 1 and 2, the maximum debt amount was KRW 8.5.2 million; the debtor registered the establishment of a mortgage in the name of the National Agricultural Cooperative Federation in C; the maximum debt amount was KRW 8.8 million; the debtor was registered the establishment of a mortgage in the name of the National Agricultural Cooperative Federation in C;
(hereinafter “instant collateral security”). B.
On December 2, 2014, the Plaintiff purchased real estate indicated in the attached list with the Defendant’s payment of KRW 30 million, and the date of delivery of real estate as of December 7, 2014, and agreed to accept KRW 1 million as of the contract date, the intermediate payment of KRW 5 million as of December 4, 2014, and the remainder of KRW 27 million as of December 10, 2014, respectively; and the Plaintiff agreed to accept KRW 13 million as to the remainder of the collateral security debt of this case in the amount of KRW 13 million.
(hereinafter “instant sales contract”). C.
The Plaintiff, around that time, agreed with Defendant and D as follows.
(1) (100 million won shall be paid to the Plaintiff. (2) (100 million won shall be paid to the Plaintiff.
In lieu of the repayment of KRW 100 million out of the balance of the contract of this case, the plaintiff transferred to the defendant the above claim as stated in paragraph (1) and did not raise any objection without asking the plaintiff for any civil or criminal liability.
Article 33 million won of the sales contract of this case is deemed to have been paid in full by the Plaintiff to the Defendant (i.e., KRW 13 million out of the remainder of the intermediate payment of KRW 5 million) with respect to the amount of KRW 33 million in the sales contract of this case.
Around that time, the Plaintiff paid 100 million won to the Defendant for the instant purchase price (i.e., KRW 4 million out of the remainder of KRW 5 million in the intermediate payment of KRW 1 million), and is listed in attached Table 1.