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1. The defendant shall pay 170,430,000 won to the plaintiff and 15% per annum from December 5, 2017 to the day of full payment.
Reasons
1. On December 9, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase 330/4685 shares of 4,685 square meters (hereinafter “the entire land of this case”) out of the 4,685 square meters of land B, North-gu, Northern-si (hereinafter “the entire land of this case”) in the following manner:
(hereinafter “instant sales contract”). - Sales proceeds: 150,5430,00 won: 1500,000 won (payment at the time of conclusion of a contract) - intermediate payments of KRW 50,430,000 (payment on December 16, 2016), remainder 90,000,000 (payment on December 20, 2016) - In the event that there are grounds for restricting the exercise of ownership, such as mortgages, superficies and leases created on the said real estate, or taxes, public charges and other charges are unpaid, the seller transfers full ownership to the buyer by removing the defects and burdens of the said right by the date of the payment of the remainder.
except in cases of rights and amounts agreed to succeed.
- In the event of the seller’s breach of this contract, the seller shall compensate for the amount of the down payment with penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the breach.
B. At the time of the conclusion of the instant sales contract, the registration of the establishment of a mortgage, which was the registration of the establishment of a neighboring area, the debtor, the defendant, the main body of the right to collateral security (hereinafter "the establishment of a mortgage of this case"), was completed regarding the instant land (hereinafter "the establishment of a mortgage of this case"), and the defendant agreed to cancel the registration of the establishment of a mortgage of this case by the date of the outstanding payment
C. However, on January 19, 2017, the Defendant received full payment from the Plaintiff for the instant sales contract, and completed the registration of ownership transfer on the instant sales land. However, the Defendant did not cancel the registration of ownership transfer on the instant land.
The Plaintiff requested the Defendant to cancel the registration of the establishment of the instant mortgage around May 2017, and the Plaintiff’s proof of the content on October 25, 2017, by November 10, 2017.