beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 52,890,000 won and 5% per annum from January 9, 2014 to January 7, 2015.
Reasons
1. Basic facts
A. From 2011 to D, Defendant B newly built a number of houses on the land of 5,096 square meters of E forest land at the time of strike with the trade name of D and sold them in lots.
B. (1) On January 27, 2012, the Plaintiff entered into a sales contract with Defendant B on the following: (i) the Plaintiff purchased from Defendant B the share of co-ownership (the aggregate of the area of the instant site and the area corresponding to co-ownership share of the park and road part purchased by the Plaintiff is 306.38 m2,000 m2,000,000,000 won (hereinafter “instant sales contract”); (ii) the two floors of reinforced concrete structure, reinforced concrete roof, which are newly constructed on the ground of the instant site (hereinafter “instant housing”); (iii) the part of the park and road part among the area of the instant site and the area corresponding to co-ownership share of the park and road part purchased by the Plaintiff, which are 306.38 m2,000,000 won (hereinafter “instant sales contract”).
At the time of the conclusion of the above sales contract, the Plaintiff and Defendant B agreed to borrow loans from financial institutions of KRW 200 million from the above sales amount and pay them to Defendant B, and Defendant B agreed to repay, instead of interest on the loans.
Fidelity Plaintiff paid 43 million won to Defendant B at the time of the conclusion of the above sales contract.
C. (1) On October 18, 2012, the Plaintiff borrowed 200 million won from the Korea National Savings Bank Co., Ltd. and paid part payment to Defendant B.
B. On the same day, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “first collateral mortgage”) which is the debtor B, the mortgagee, and the mortgagee, the National Savings Bank, the Ansan Savings Bank, on the same day, with respect to the size of 5,096 square meters of forest E, E, and the National Savings Bank on the same day.
Article 22(1) of the Act provides that “The Plaintiff shall deposit the balance to the National Savings Bank on the same day.”
When the balance is deposited, the National Savings Bank shall cancel only the first collateral mortgage on the number of houses sold.