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1. The Defendant: KRW 75,00,000, and the Plaintiff’s annual rate from February 21, 2016 to May 20, 2016.
Reasons
1. Basic facts
A. On March 10, 2015, the Plaintiff completed the registration of ownership preservation as the receipt of No. 15256 on March 10, 2015, with respect to the Changwon District Court’s Maternal Registry (hereinafter “Maternal Registry”) with respect to the 65.50 square meters of reinforced concrete structure of the 5th floor C5 stories (hereinafter “instant real estate”).
B. On March 10, 2015, the Plaintiff completed the registration of the establishment of a mortgage on the instant real estate with the Duo Registry No. 15263, the maximum debt amount of KRW 182,00,000 (170,000,000) and with respect to the said real estate, the Plaintiff completed the registration of the establishment of a mortgage on the part of the debtor D, the mortgagee, the mortgagee, the
C. On May 8, 2015, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”) with the Defendant stating the contractual area of 112, exclusive area of 65.50, common area of 17.61, and share area of 114.06, and the selling price of 224,40,000 won as the selling price of the instant real estate (hereinafter “instant sales contract”).
(2) On May 8, 2015, the Plaintiff and the Defendant concluded a sales contract concerning the instant real estate as “the instant sales contract” and the sales price is “the instant sales price.”
The Plaintiff cancelled the registration of the establishment of a mortgage near the above paragraph (b) on the ground of termination.
E. The Defendant completed the registration of ownership transfer as the receipt No. 40885 on June 16, 2015 with respect to the instant real estate.
F. On June 16, 2015, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the instant real estate, which is comprised of the maximum debt amount of KRW 153,60,000, and the debtor, the Defendant, and the Korean National Bank Co., Ltd. (hereinafter “instant establishment”).
G. As to the payment of the purchase price of the instant real estate to the Plaintiff, the Defendant: (a) cancelled the right to collateral security under the name of the said debtor D; (b) subrogated for KRW 170 million, which is the secured debt; and (c) directly pays KRW 24 million on August 24, 2015; and (d) KRW 16 million on August 25, 2015.