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1. As to the Plaintiff’s KRW 79,744,00 and KRW 40,00 among them, the Defendant shall pay to the Plaintiff KRW 79,74,000 from April 15, 201, and KRW 26,54,00.
Reasons
1. Facts of recognition;
A. On May 16, 2006, the Defendant concluded a lease agreement with the construction company (hereinafter “Mado Construction”) on the condition that the lease deposit amount of KRW 168,430,00,00 per Sungnam-si (hereinafter “the apartment of this case”) is to be leased by setting the lease deposit amount of KRW 168,430,00 per annum, monthly rent, KRW 400,000 per annum, and KRW 2 years from the day following the expiration date of the first occupancy designation period for the lease term. The above lease agreement was renewed every time when the lease term expires.
B. The Defendant borrowed 134,00,000 won from the National Agricultural Cooperative Federation (hereinafter “CF”) and paid 170,000,000 won (134,000,000 won (26,000,000 won) from the Hanyang Agricultural Cooperative (hereinafter “CFF”) and 10,000 won (134,000,000,000 won) with respect to the apartment of this case, and on April 1, 2009, the NAF completed the registration of the establishment of a mortgage, which is the debtor, Defendant, maximum debt amount of 160,80,000,000,000 won, and the NAFF’s mortgage.
C. The apartment of this case was a leased apartment and was to be converted for sale in lots around March 2014, and was expected to be given preferential right to the Defendant, the lessee, but the Defendant proposed to acquire the apartment of this case by the method of transferring the ownership of the apartment of this case when the sale in lots was made to the Plaintiff.
Accordingly, on April 201, the Plaintiff made an oral sales contract with the Defendant to pay KRW 40,00,000 as the down payment on the date of the contract, and to pay the loan interest, rent deposit increase amount on behalf of the Defendant, and to pay the remainder and expenses incurred in selling in lots at the time of conversion for sale in lots, the Plaintiff made a sales contract with the Defendant to transfer the ownership of the instant apartment after conversion for sale in lots to the Plaintiff (hereinafter “instant sales contract”).
(e).