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1. The Defendant’s KRW 56,00,000 as well as 5% per annum from August 11, 2014 to August 11, 2015 to the Plaintiff.
Reasons
1. The following facts are acknowledged according to the facts without a dispute over basic facts, Gap evidence 1, Eul evidence 2-1, 2, and 3, and the purport of the whole pleadings.
On May 8, 2014, the Plaintiff and the Defendant drafted a real estate sales contract (hereinafter “instant sales contract”) with the following terms.
1. A cement brick structure, a brick structure, and a 1.57 square meter in a warehouse, and a 11.57 square meter in a warehouse, on a two-ground wooden tank, a 70 square meter in Jung-gu, Jung-gu, Daegu Metropolitan City with indication of real estate;
2. As to the sale of the above real estate, the seller and the buyer, by agreement, shall pay the sales amount as follows.
KRW 275,000,000 down payment of KRW 10,000,000 shall be paid at the time of the contract and the intermediate payment of KRW 190,000 (A seal) received at the time of the contract;
5. 9. Succession to loans.
Any balance of 75,000,000 won shall be paid on May 9, 2014.
Articles 2 through 8: Special terms and conditions for each omission;
1. Deposit 19 million won shall be succeeded by the buyer and subtracted from the balance; and
2. Any balance shall be transferred to A account;
3. Other matters shall be governed by ordinary practices.
On May 8, 2014, the registration of ownership transfer was made under the name of the Defendant on May 9, 2014 with respect to the whole real estate subject to the instant sales contract (hereinafter “instant real estate”); and on the same day, each registration of right to collateral security changed to the Defendant by the obligor, each of the registration of right to collateral security (hereinafter “mortgage”) was completed on the same day.
The instant real estate was filed by a mortgagee for auction on April 2, 2015, and was awarded a successful bid in KRW 246,451,380 on April 2, 2015, and was decided to grant permission for sale at that time, and was completed on June 10, 2015.
2. The Plaintiff asserts that the parties concerned claim the remainder of KRW 56,00,000 under the instant sales contract (i.e., the remainder of KRW 75,000,000; KRW 19,000,000, which the Defendant agreed to succeed according to the terms and conditions of the agreement).
The defendant is a sales contract of this case.