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1. As to the Plaintiff KRW 260,000,000 and KRW 130,000 among them, the Defendant shall make June 3, 2014 to the Plaintiff, and the remainder of KRW 130,000.
Reasons
1. Basic facts
A. The defendant is the owner of the Dong-gu, Gwangju Metropolitan City building with a square registry of 242.5 meters and the fourth floor above that ground (hereinafter the above site and building are combined and "the real estate of this case", and only the building of this case shall be referred to as "the building of this case").
B. On March 23, 2012, the Defendant entered into a lease agreement with D as to part of the first floor of the instant building from March 23, 2012 to March 22, 2014. On October 8, 2012, the Defendant entered into a lease agreement with E and the first floor of the instant building from October 8, 2012 to October 7, 2014, with the trade name “F” and “G” respectively.
C. The instant real estate was established by the Gwangju District Court No. 89471, Apr. 27, 2006, with the establishment registration of a neighboring mortgage as to the Defendant, the mortgagee, Gwangju Bank Co., Ltd., and the maximum debt amount of KRW 720,000,000. At the time of December 11, 2013, loans to the Defendant of the Gwangju Bank, which was the secured debt for the establishment registration of a neighboring mortgage, were KRW 47,9270,00.
On December 11, 2013, at the H Licensed Real Estate Office, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 1.3 billion with respect to the instant real estate (hereinafter “instant sales contract”). The Plaintiff paid the Defendant the down payment of KRW 130 million on the date of the contract. The intermediate payment of KRW 477,9270,00 to the said Gwangju Bank, instead of the payment, the Plaintiff decided to succeed to the obligation of KRW 477,9270,00 to the said Gwangju Bank, and the remainder of KRW 690,730,000,000 to be paid by May 11, 2014.
E. The main contents of the instant sales contract are as follows.
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents required for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be May 11, 2014.
Article 3 (Extinction of Restricted Real Rights, etc.)