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Reasons
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(영문) 대구지방법원 상주지원 2018.01.24 2017가단5197
매매대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2011, the Plaintiff: (a) sold the building indicated in the attached list (hereinafter “instant building”) to the Defendant (hereinafter “instant sales contract”); and (b) on August 31, 201, a sales contract was prepared to the effect that the Plaintiff sells the instant building to the Defendant for KRW 130,000,000 (hereinafter “instant sales contract”).

B. On September 8, 2011, the Plaintiff completed the registration of ownership transfer in the name of the Defendant on the ground of sale as of August 31, 2011.

C. On September 8, 2011, the Defendant loaned KRW 70,000,00 from the newspaper and Saemaul Savings Depository, and set up a right to collateral security with the maximum debt amount of KRW 91,00,000,000, the debtor, the defendant and the defendant of the right to collateral security as the Saemaul Savings Depository.

The above KRW 70,00,000 was deposited into the Defendant’s account. Of them, KRW 47,161,542 was transferred to repay the secured debt of the right to collateral security, which was established in relation to the instant building, to the Defendant’s account. KRW 3,227,450 was used as a certified judicial scrivener’s expense, KRW 19,540,000, and KRW 19,540,000 remains in the Defendant’s account as is, and the remainder of KRW 1,00 remains in the Defendant’s account.

E. The interest on the collateral security obligation of KRW 91,00,000 was paid on the part of the Plaintiff by August 2015.

F. At present, the Plaintiff’s Dong C resides in the instant building.

G. D is the Plaintiff’s mother, E is a person in a de facto marital relationship with D, and F is the Defendant’s husband.

H. On October 21, 2016, Defendant and F sent a certificate of content demanding the delivery of the instant building to E and D, and thereafter, the Defendant filed a lawsuit seeking delivery against E, D and C by the court Nos. 2016Ga354 and 2017Gadan1300, and the said lawsuit is still pending.

(hereinafter referred to as “related litigation”). [Ground for recognition] of absence of dispute, Gap evidence Nos. 1, 2, 5 through 5.

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