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1. The Plaintiff:
A. As regards Defendant B’s KRW 220,000,000 and its KRW 120,000 among them, the remainder from January 26, 2016.
Reasons
1. Basic facts
A. On November 13, 2015, the Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a sales contract with Defendant B and the instant real estate on a total of KRW 2.3 billion, including the down payment of KRW 200 million and the balance of KRW 2.1 billion, etc. (hereinafter “instant sales contract”).
B. Defendant B borrowed KRW 100 million from D on the day of the instant sales contract, with the Plaintiff’s understanding as a security, set up a mortgage, which is a maximum debt amount of KRW 113 million, Defendant B, and a mortgagee, with regard to each real estate listed in the separate list Nos. 1, 2, and 4 (hereinafter “instant mortgage”).
The Plaintiff received KRW 93 million from D on the same day, excluding the above KRW 100,000,000,000,000,000,000,000 won, and immediately thereafter, remitted KRW 13 million out of the above KRW 93,00,00 to Defendant B.
Accordingly, the Plaintiff received KRW 80 million from Defendant B the down payment of the instant sales contract.
C. On the same day, Defendant B prepared a certificate of payment that the Plaintiff shall pay the remainder of KRW 120 million, excluding the remainder of KRW 80 million, out of the down payment 200 million of the instant sales contract, to the Plaintiff by December 13, 2015.
On December 29, 2015, the Plaintiff sent to Defendant B by content-certified mail a notice stating that “The above KRW 120 million and the balance of the instant sales contract shall be KRW 2.1 billion until January 13, 2016, and if the said money is not paid by January 13, 2016, the Plaintiff would be rescinded by January 13, 2016 without any separate notice” (hereinafter “instant notice of December 29, 2015”), and the said content-certified mail reached Defendant B on December 30, 2015. The Plaintiff did not pay the said money to Defendant B by default on the obligation under the sales contract.