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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
Basic Facts
The Defendant is the owner of each section for exclusive use (hereinafter “instant real estate”) indicated in the attached Form among the buildings that are the aggregate buildings of the three underground floors and the eightth floor above ground (hereinafter “E building”) in Yeongdeungpo-gu Seoul Metropolitan Government.
The Defendant entered into a security trust agreement with F Co., Ltd. (hereinafter “F”) on November 22, 2013, under which G Co., Ltd. (hereinafter “H”) operated by the Defendant’s son as security of KRW 19,50,000,000 borrowed from H Co., Ltd. (hereinafter “H”), and the instant real estate, etc. as joint security, with the first priority beneficiary as the amount of KRW 25,350,000,00 (hereinafter “instant security trust agreement”), and completed the registration of ownership transfer in the name of F on November 28, 2013 with respect to the instant real estate as of November 22, 2013.
Meanwhile, according to the instant security trust agreement, the Defendant assumed approximately KRW 975,000,000 as the follow-up payment fee on May 28, 2014, and KRW 100,000,00 as the interest per annum from August 2014.
After that, when the Defendant was unable to repay the loan at the end of November 28, 2014, the maturity date of the above loan, the Defendant agreed to change the maturity date of the loan and the above loan to May 28, 2015, and to repay the principal and interest of the loan within six months from the date of the change as a condition of change, upon entering into a sales contract for the first floor, third floor, and real estate owned by the Defendant in Jongno-gu Seoul, Jongno-gu, Seoul, within six months from the date of the change, and the principal and interest of the loan shall be repaid within one to three months from the date of the change, and if the sales contract is not concluded within one to six months from the date of the change, the amount of the loan shall be borne at 0.5% and 1.5% of the monthly loan agreement if the sales contract is not concluded within four to six months from the date of the change, and the amount to be repaid to H, such as the back payment fee, at the time of payment of the purchase price pursuant to the sales contract.
Section 1. Sales Contracts.