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1. The Defendant shall pay to the Plaintiff KRW 46.2 million and the interest rate of KRW 15% per annum from September 11, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. A around January 19, 2010, registered the business with the trade name of “E”, which is the static-gun D, Gangwon-do.
B. On March 12, 2012, A purchased a F 222.2m2m2 in Gangnam-gun F, Gangwon-do, and completed the registration of ownership transfer, and newly constructed a single-story house (a house and general restaurant; hereinafter referred to as “instant real estate”) on the ground;
5.2. The registration of initial ownership was completed on May 10, 2012. G, the husband of A and the Defendant’s penalty, completed the registration of initial ownership with the trade name “H”, a restaurant, from the instant real estate.
C. On March 12, 2012, A completed the registration of creation of a mortgage of KRW 54 million with the maximum debt amount to the Korea Saemaul Bank on March 12, 2012, providing the site among the instant real estate as a collateral.
5.2. Completion of the registration of the right to collateral security by providing an additional housing on the ground, changing the maximum debt amount to 14 million won;
5.4. Loans from the above right to collateral security amounting to KRW 80 million (the appraised price of the instant real estate at that time shall be KRW 152,896, 100);
5.23. 23. I complete the registration of creation of a neighboring mortgage of the maximum debt amount of KRW 26 million.
A, around June 13, 2013, sold the instant real estate to the Defendant at KRW 150 million, and the down payment of KRW 70 million out of the proceeds is KRW 80 million on the contractual date, and the remainder is KRW 80 million on the contractual date.
agreed to substitute the acceptance of the loan obligations to the Tri-day Saemaul Bank in lieu of the acceptance of the loan obligations;
6. 28. The defendant completed the registration of ownership transfer.
E. On June 17, 2013, the Defendant registered the business with the trade name of “J”, a restaurant in the instant real estate, and G.
6.3.48 million won;
7.6. 16.26.26 million won, total of 74 million won (=48 million + 26 million) was remitted.
F. As to the instant real property, I was subject to termination on July 15, 2013 by July 15, 2013
7. 22. The above right to collateral security was cancelled, and the defendant (the defendant takes over the loan obligations of the Samil Saemaul Depository) completed the registration of change of the right to collateral security on October 28, 2013 on the ground of acceptance of the contract as of October 28, 2013, and completed the registration of change of the right to collateral security with K on October 22, 2015.