(영문) 서울북부지방법원 2018.10.16 2016가단39030

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(영문) 서울북부지방법원 2018.10.16 2016가단39030

매매잔대금

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1. The defendant received from the plaintiff the removal of the building stated in the attached list, and at the same time 85,233,691 won to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 2006, the Plaintiff concluded a real estate exchange agreement with the mother owned by C and C about the instant real estate, around May 2006, with the Plaintiff and C, as well as the Gangwon-do Seocheon-gun D, and three and above-ground resting buildings (hereinafter “instant real estate”). As to the instant real estate, the Plaintiff concluded a mortgage exchange agreement between C and C with the mother owned by C, and the debtor C, the mortgagee E, the maximum debt amount of KRW 715,00,000 (hereinafter “mortgage”).

(1) The secured debt of KRW 550,000,000 (hereinafter “instant loan”) and the secured debt of KRW 550,000.

(2) At that time, the Plaintiff had completed the provisional registration of ownership transfer right claim registration on the instant real estate based on the pre-sale agreement, and C had completed the registration of ownership transfer claim on June 8, 2006, but completed the registration of ownership transfer registration around July 5, 2007.

3) After October 16, 2008, G entered into a lease agreement with C, the Plaintiff, and the Plaintiff as the lessor C and the lessee regarding the land among the instant real estate, with the permission to install a building on the said land. On November 10, 2008, G is a building listed in the attached Table on the said land (hereinafter “instant office”).

4) However, upon the Plaintiff’s delinquency in paying the interest on the instant loan, C paid the interest on the instant loan and repaid the principal amount of KRW 10,000,000 to extend the maturity of the instant loan.

B. Around September 2010, the Plaintiff, including the conclusion of a sales contract for the instant real estate by the Plaintiff and the Defendant, decided to sell the instant real estate to the Defendant. On the condition that C, the owner on the registry, would receive repayment of principal and interest accrued in the future directly from the Defendant, he/she would transfer the instant real estate registration document.

Accordingly, around October 19, 2010, H’s representative of the defendant is C and B at the seat of the plaintiff.

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