beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 30, 2012, the Plaintiff and the Defendant agreed to divide the instant real estate under the name of the Defendant, and the Defendant completed the registration of ownership transfer on June 1, 2012, on the ground of inheritance by division, with respect to the instant real estate on May 30, 2012, which was the only inheritor of the deceased, and on May 30, 2012, the Plaintiff and the deceased C (hereinafter “the deceased”).
B. At the time of the instant consultation, the instant real estate had been registered for the creation of the right to collateral security (hereinafter “existing right to collateral security”) of KRW 101,400,000 for the Deceased, Creditor M&C Co., Ltd., and the maximum debt amount. The secured debt was KRW 69,737,772. On July 5, 2012, the Defendant subrogated for the existing right to collateral security and cancelled the registration of the establishment of the existing right to collateral security (hereinafter “existing right to collateral security”). On May 8, 2014, the Defendant registered for the establishment of the right to collateral security of KRW 159,90,00 for the instant real estate.
C. The average value of an apartment household, such as the instant real estate, exceeds KRW 180,500,000, and the Defendant sold the instant real estate to F on September 25, 2015 in KRW 185,00,000, and completed the registration of ownership transfer under F on October 16, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the 1st interpretation of the instant agreement, the instant agreement remains after deducting the existing collateral obligation from the purchase price of the instant real estate, subject to the condition that the Defendant sells the instant real estate in accordance with the condition as at the time of the instant agreement.