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Reasons
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(영문) 인천지방법원 2020.01.10 2018가합57086
소유권이전등기
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1. The Defendants are paid KRW 579,248,841 from the Plaintiff, and at the same time, KRW 4300,000 shall apply to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 11, 2017, the Defendants, from the Korea Rural Community Corporation, received 1/2 shares of each of the 9641m2 of the Seo-gu Incheon D Miscellaneous land (hereinafter “Before division”) from the Korea Rural Community Corporation at a public auction.

B. On February 2, 2018, the Plaintiff concluded a sales contract with the Defendants to purchase the purchase price of KRW 4300 square meters from the land before subdivision in KRW 2,600,000,000, and the down payment of KRW 100,000,000 on the date of the contract, the intermediate payment of KRW 1,400,000 on February 20, 2018, and the remainder of KRW 1,110,000 on March 30, 2018 (hereinafter “instant sales contract”), and paid KRW 10,000,000 on the same day to the Defendants.

C. On February 27, 2018, the Plaintiff prepared a mutual performance note (a certificate of the cause of mortgage and evidence No. 2-2) as to the instant sales contract with the Defendants (hereinafter “instant note”) (hereinafter “instant note”). The main contents are as follows.

1. The Defendants, after receiving the transfer of ownership on the land before subdivision from the Korea Rural Community Corporation, sell 4300/1 (1300.74) of the land before subdivision to the Plaintiff (1300.74) and pay the Defendants KRW 1,400,000 as the down payment, and KRW 1,400,000 as the intermediate payment, and KRW 1,50,000 as the total amount, to the Defendants.

2. The Defendants shall set up a right to collateral security with the maximum debt amount of KRW 1,500,000,000, the principal of which was paid to the Plaintiff as set forth in the above 1.1., to the Plaintiff.

3. The Defendants, by March 30, 2018, share ownership transfer to the Plaintiff by dividing a specific part into the drawings (location certificate) under the contract, and at the same time, the Plaintiff shall pay the remainder KRW 1,100,000 to the Defendants.

5. The plaintiff shall immediately cancel the establishment of the right to collateral security under the above 2. D when the contents of the above 3.3. are fully fulfilled.

On February 27, 2018, the Plaintiff paid the Defendants KRW 1,440,00,00 as an intermediate payment under the instant sales contract, and the Defendants are the same.

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