(영문) 대구지방법원 2018.11.09 2016가단127494

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(영문) 대구지방법원 2018.11.09 2016가단127494

토지인도

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1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet, and KRW 7,706,609.

Reasons

Basic Facts

On May 12, 2010, the Plaintiff completed the registration of transfer of ownership on each of the real estate listed in the separate sheet Nos. 3 and 5 as of May 11, 2010, on each of the real estate listed in the separate sheet Nos. 1, 2, and 4 as of May 19, 2010.

On May 19, 2010, the Plaintiff was granted a loan of KRW 9,250,000 from the Korea Rural Community Corporation (hereinafter “instant loan”), and completed the registration of creation of a neighboring mortgage in the name of the debtor, the maximum debt amount of KRW 12,957,00 (hereinafter “registration of creation of a neighboring mortgage”).

On October 15, 2010, the Plaintiff: (a) sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant in KRW 122,895,000; (b) paid the down payment in KRW 1,4450,00 at the time of the contract; and (c) replaced the instant loan with the intermediate payment in KRW 9,255,000; and (d) concluded a sales contract with the Defendant to pay the remainder on November 30, 2010 (hereinafter “instant sales contract”); and (c) received the down payment in KRW 14,455,00 from the Defendant on the same day.

2. In the event that the Korea Rural Community Corporation makes a request for the instant loan amounting to KRW 92.55 million in lump sum, the Defendant, the buyer, is liable and repaid.

The special agreement provides that KRW 9,255,000 of the instant loans shall be repaid by the Defendant, the buyer, and the remainder of KRW 30,345,00,00,00 shall be paid to the Plaintiff, the buyer, in cash, before March 20, 2013 - KRW 17,00,000,00 for the payment of KRW 4,105,00,00 to the buyer, the buyer, shall be separately paid to the seller (including the total payment amount of KRW 3,44,50,00). The Defendant paid the remainder of KRW 20,000 (including the non-goods) to the Plaintiff on December 1, 2010. Around that time, the Plaintiff transferred each of the instant real estate from the Plaintiff and is growing to the present.

grounds for recognition.

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