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1. The Defendant’s loan obligation of KRW 106,320,000 between Nonparty C Co. and the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 3, 2019, the Defendant, a person holding the right to sell the said right to sell (hereinafter “instant sales contract”) KRW 267,340,00,00 among the sales price of KRW 234,340,00,00 among the down payment and intermediate payment of KRW 237,340,00,00, which is an apartment of the regional housing association (hereinafter “instant association”) implemented by the D association (hereinafter “instant association”), entered into a contract with the Plaintiff for selling the said right to sell (hereinafter “instant sales contract”).
B. On the condition that the Plaintiff, a buyer, succeeds to the rights and obligations under the above contract of the Defendant’s sales right, the Plaintiff succeeded to the obligation of KRW 106,320,00 for the preparation of the Defendant’s unpaid part of the sales price and the intermediate payment in lots (hereinafter “instant loan obligation”), and the Plaintiff paid KRW 10,000 out of the remainder of KRW 60,957,000,000,000,000,000,000 as the down payment, 50,957,000,000 until December 31, 2019.
C. According to the instant sales contract and the Defendant’s membership agreement, the Plaintiff paid down payment of KRW 10 million to the Defendant, and the Plaintiff and the Defendant drafted and submitted a written confirmation of succession to rights and obligations (title change) to the instant association on September 9, 2019.
After that, the application for the change of the regional housing association of the instant association was approved by the Yanan City on November 29, 2019, and the association members of the said association were changed from the Defendant to the Plaintiff.
However, from December 11, 2019 to February 23, 2019, the Defendant notified the Plaintiff of the termination of the instant sales contract several times, and the Plaintiff requested several cooperations in order to perform the obligation to acquire the instant loan obligations and pay KRW 50,882,000 for the remainder of the loan obligations. However, the Plaintiff refused such request and participated in the forms prepared by the Plaintiff on December 11, 2019 and February 12, 2020 for the said performance.
[Ground of recognition] Facts without dispute, Gap 1 to Gap 10, and the purport of the whole pleadings.