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1. The Defendant’s KRW 187,00,000 for the Plaintiff and 5% per annum from May 16, 2017 to August 30, 2017.
Reasons
Basic Facts
On January 8, 2015, the Plaintiff sold No. 101 (hereinafter “instant commercial building”) among the 4th floor neighborhood living facilities and multi-household dwelling facilities (hereinafter “instant building”) owned by Eunpyeong-gu Seoul Metropolitan Government, which were owned by the Plaintiff, to the Defendant for KRW 187,00,000, and the registration of ownership transfer of the instant commercial building was completed on the same day.
Indication of Real Estate Certificate
1. The apartment of this case
2. The registration of transfer of ownership pursuant to the sales contract on the instant commercial building No. 2 is the first secured mortgage (the highest bond amount of KRW 988,000,000, and the Seoul Western Saemaul Savings Depository, the mortgagee and the mortgagee of the right to collateral security). Upon the request of the purchaser of the preserved co-owner, the registration of establishment of the right to collateral security with the purchaser of the real estate No. 187,00,000 won will run.
In the event of cancellation of the first priority mortgage on real estate 2 times in the future, the purchaser will cancel the first priority mortgage on real estate 1.
Until the first priority mortgage on real estate is cancelled, the purchaser will not exercise the right to collateral security established for the real estate once.
On January 8, 2015, the seller and the purchaser of the right to collateral security and the Defendant at the time of the establishment of the right to collateral security (hereinafter “the instant apartment”) established the right to collateral security with regard to the instant commercial building, etc. as the joint collateral, the amount of the maximum debt amount of KRW 988,00,00,000, which is the mortgagee of the right to collateral security (hereinafter “the right to collateral security”) was established. However, in spite of the above sales contract, the Hodong Saemaul Bank did not consent to the cancellation of the right to collateral security on the instant commercial building. Accordingly, the Plaintiff and the Defendant agreed to set up the right to collateral security with regard to the Plaintiff’s share of KRW 187,00,000,000, which is the joint collateral security (hereinafter “the instant apartment”).