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1. The Defendant amounting to KRW 300 million to the Plaintiff, as well as 5% per annum from April 6, 2013 to March 19, 2016, and the next day.
Reasons
1. Basic facts
A. On January 23, 2013, the Plaintiff and the Defendant, the Plaintiff, the Plaintiff’s owner of the Guri-si.
C. The following agreements were concluded (hereinafter “instant exchange agreement”) to exchange D land (hereinafter “E-dong land”) and the land buildings on three lots outside the Seo-gu Incheon, Seo-gu, Incheon, which is owned by the Defendant (hereinafter “E-dong land”).
① The Plaintiff shall take over the secured debt (the debtor, the defendant, the maximum debt amount of 2.198 million won, the joint mortgagee livestock industry cooperative, the actual secured debt: 1.554 million won) established within the Incheon Public Notice Hostel.
② The Plaintiff transferred the ownership of the E-dong land to a person designated by the Defendant or the Defendant, with a loan of one billion won as security, and thereafter the Plaintiff acquires the above loan obligation by the Defendant or the Defendant.
③ The Plaintiff shall pay 500 million won in exchange for real estate exchange to the Defendant.
B. The Plaintiff and the Defendant anticipated that E-dong land will be loaned in KRW 1 billion as collateral, and concluded an exchange contract as above. However, on April 1, 2013, the Plaintiff became a loan of KRW 700 million from the Guri Agricultural Cooperative (the debtor’s name was G) and on the same day, the Plaintiff set up a collateral security (the maximum debt amount of KRW 840 million) to the Guri Agricultural Cooperative on the same day.
C. As seen above, the Plaintiff and the Defendant created a sales contract for E-dong land and Incheon Public Notice Host, respectively, on April 1, 2013, and the main contents thereof are as follows.
A seller: A seller: The purchase price of the Defendant: A special agreement in KRW 1 billion; (1) The seller shall transfer ownership to a person determined by the buyer.
(2) A buyer shall succeed to a seller's loan.
Before borrowing, the buyer has received the loan by bearing all the expenses, etc.
(3) The amount of a loan shall be deemed to have been paid down payment and intermediate payment, and when one billion won, such as a loan, is settled in full, it shall be deemed that the payment has been made in full.
(4) A seller;