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1. The Appointor D shall pay to the Plaintiff KRW 58,975,716 as well as 5% per annum from January 10, 2013 to October 25, 2013.
Reasons
1. Basic facts
A. On November 14, 2005, the Plaintiff and Nonparty E entered into a sales contract for selling the instant real estate for KRW 577,000,000 (hereinafter “instant sales contract”) between the Plaintiff and Nonparty E, who owns one-half shares of the F farm site 2496 square meters and the G farm site 2767 square meters (hereinafter “instant real estate”).
B. The Appointor D completed the registration of ownership transfer based on the above sale under the Jeju District Court No. 94493, Dec. 14, 2005, which was received on December 14, 2005.
C. The Appointer D had not paid KRW 76,00,000 to the Plaintiff at the time. As above, upon completion of the registration of ownership transfer, D prepared a “cash storage certificate” with the purport that the Plaintiff will pay the remainder of KRW 76,000,000 to the Plaintiff until January 25, 2006, and Defendant C guaranteed the Appointer D’s obligation.
After completing the registration of ownership transfer as above, D completed the registration of creation of a mortgage (hereinafter “instant collateral security”) with respect to the instant real estate to Jeju Bank Co., Ltd. (hereinafter “ Jeju Bank”) on the same day, as the Jeju District Court No. 9494, Dec. 14, 2005, which was received on December 14, 2005, the debtor was Defendant B, and the maximum debt amount was KRW 455,00,000.
E. Around January 20, 2006, the Appointor D agreed to order the Plaintiff to jointly share 1,169 square meters of the instant real estate in lieu of paying the remainder KRW 76,00,000,000, retroactively from the date of “the date of December 14, 2005” with the Plaintiff as “the date of December 14, 2005,” and the proviso clause of the proviso provides that the Plaintiff shall comply with the Defendant’s decision regarding the disposal, division, use, etc. of the instant real estate (hereinafter “instant substitute payment contract”).
F. Accordingly, the Plaintiff received the Jeju District Court on January 23, 2006 with respect to the portion of 3865/27263 out of the instant real estate on the ground of payment in substitutes as of December 14, 2005.