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1. The Defendant’s KRW 140,000,000 as well as 5% per annum from April 29, 2015 to November 24, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 10, 201, the Plaintiff entered into a contract with the Defendant to purchase KRW 140,000,000 for the occupancy right of the Mapo-gu Seoul apartment unit 1201 Dong 402 (hereinafter “instant apartment”) that the Defendant purchased by the Defendant (hereinafter “instant apartment”), and paid the Defendant the purchase right in full at around that time.
B. The Plaintiff paid 42,845,000 won of down payment and late payment 3,525,028 won on behalf of the Defendant, and paid 200,000,000 won borrowed from D and 250,000,000 won of lease deposit received under a lease agreement with E and F on behalf of the Defendant as sales price for E and F on March 12, 2011.
C. On April 26, 2011, the registration of ownership transfer was completed in the Defendant’s future on April 26, 201 with respect to the instant apartment with limited resale, and the registration of the establishment of a mortgage was completed in the vicinity of the debtor, the Plaintiff, the maximum debt amount of KRW 250,000,000 in the future as the mortgagee D, and on May 11, 2011, the registration of the establishment of a mortgage was completed in the future of the debtor, the Defendant, the maximum debt amount of KRW 250,000,000.
However, on September 8, 2011, the registration of attachment was completed due to the disposition of arrears in the name of the State with respect to the apartment of this case on the grounds that the defendant's tax 217,245,860 won was delinquent.
Therefore, the plaintiff argued that the above apartment house can be damaged if the plaintiff's ownership is not transferred to the plaintiff due to the auction due to the above disposition on default. Accordingly, the defendant issued the plaintiff a document necessary for establishing the right to collateral security on the land of Goyang-gu, Yangyang-gu for securing the obligation to compensate for damages on February 27, 2012. On June 14, 2012, the plaintiff sold the indoor golf course permitted to be constructed on both Jeju-si I and J, and paid the income tax in arrears, and then immediately cancelled the seizure of the apartment of this case, and immediately transferred the ownership to the third party designated by the plaintiff.