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1. The Defendant’s KRW 138,689,989 as well as the Plaintiff’s KRW 6% per annum from March 28, 2017 to December 14, 2018, and December 2018.
Reasons
1. Basic facts
A. On July 22, 2011, the Defendant entered into a contract with B for the sale in lots (hereinafter “instant contract for sale in lots”) of the C apartment No. D at Namyang-si, Namyang-si, the Defendant entered into a contract for the sale in lots (hereinafter “instant apartment”).
The main contents of the instant sales contract are as follows.
This house is a house with which an intermediate payment loan is supported, and in the future, the F new branch of the transfer of ownership establishes the right to collateral security.
Article 1 (Supply Price and Payment Method) The sale price shall be KRW 461,90,00,000, and B shall pay to the Defendant the remainder of KRW 92,380,000,00 each six times from September 20, 201 to November 20, 201, both the first down payment of KRW 46,190,000 at the time of a contract, and the second down payment of KRW 46,190,00 at the time of a contract, and the part payment of KRW 46,190 at the time of September 20, 201 to November 20, 201.
Article 2 (Cancellation of Contract) (1) When the defendant commits any of the following acts, he/she may cancel this contract after peremptory notice, if no performance is made:
(3) When the contract is terminated for reasons falling under any subparagraph of Article 2 (1) 1 and Article 2 (2) when a financial institution (including a lending bank in case of parcelling-out on condition of non-payment of interest on short-term loan) requests performance on behalf of the defendant, or a limited real right, such as provisional seizure, is established on behalf of the defendant, due to the occurrence of reasons for non-payment of interest, principal, etc. by the defendant's guarantee and the occurrence of reasons for non-payment of interest, bad credit standing, etc., when the loan has been arranged by the defendant for the purpose of resale (including sale, donation, lease, and all other acts accompanying the alteration of rights) or has been used for the purpose of the limited real right.
In such cases, the interest on the loan of part payments paid by the defendant shall be paid to the defendant separately from the penalty.
B. Between the Plaintiff and B.