beta
Text
1. The part of the judgment of the first instance, including the claim added by the plaintiff (Counterclaim defendant) at the trial, is as follows.
Reasons
Basic Facts
D Co., Ltd. (hereinafter “D”) purchased the instant land and the instant new building construction D Co., Ltd. (hereinafter “D”) on September 25, 2009 at KRW 4.25 billion, and completed the registration of ownership transfer on March 30, 2010, following the completion of the registration of ownership transfer under the name of D Co., Ltd. (hereinafter “instant land”).
And D purchased the instant land and constructed a new building listed in Section 2 of the attached Table (hereinafter “instant building”) on the ground.
The Plaintiff’s loan to D and the Plaintiff of the instant agreement agreed on May 24, 201 to lend KRW 7.677,8520,000 to D on a six-month period after the due date for repayment, as follows.
(hereinafter referred to as the “instant agreement”). D grants transfer registration of ownership in the name of the Plaintiff of the instant land owned by it as a security for the borrowed money, and D changes the name of the owner of the instant building, which is being newly constructed on the ground, in the name of the Plaintiff. The remaining construction of the instant building is also responsible and completed.
D For KRW 3.2 billion loaned to the instant land, the Plaintiff shall provide the instant land as security to the lending financial institution after completing the registration of ownership transfer under the name of the Plaintiff, and shall also be jointly and severally guaranteed for the loan obligations.
D If D repaid all the borrowed money to the Plaintiff within the repayment period, the Plaintiff re-transfer the ownership of the instant land to D or its designated person (including a corporation).
When the building of this case is completed, D may sell or lease the building of this case in preference to the plaintiff only within the repayment period.
However, the plaintiff's loan is preferentially repaid with the sale price and the lease deposit.
D If D fails to repay the borrowed money within the repayment period, the Plaintiff shall sell the land and buildings of this case and receive the loan, and the remaining amount shall be returned to D and sold.