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1. Of the part concerning the claim of the first instance judgment, the following amount of money exceeds the amount of money to be paid.
Reasons
1. Basic facts
A. On July 24, 2012, the representative D of C made an agreement with E&S (No. 1) with the Defendant on July 24, 2012, on a loan of KRW 850,000,000,000,000 within 60 days, from the purchase fund for the unsold 49 households of the Incheon Gyeyang-gu apartment complex (hereinafter “unsale 49 households”).
B. At around August 2012, SPS entered into a collateral trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), Seoul Mutual Savings Bank, interesting Mutual Savings Bank, Sobre Savings Bank, Korea Savings Bank, and Korea Savings Bank jointly with the first beneficiary, the Defendant as the second beneficiary, the Defendant as the second beneficiary, and the unsold 49 households in lots in trust with the Korea Asset Trust.
Accordingly, on July 25, 2012, SPS purchased 49 households unsold in lots from Nam-gu Co., Ltd., and completed the registration of ownership transfer on August 31, 2012, and completed the registration of ownership transfer under the name of Korea Asset Trust on the same day.
C. E.S. decided to pay KRW 1.5 billion with the Defendant up to October 31, 2012, because it was impossible for the agreed due date to pay KRW 1.35 billion, the Defendant agreed to pay KRW 1.62 billion again by March 15, 2013, and agreed not to raise an objection even if the Defendant fails to pay the agreed amount by March 15, 2013, even if it directly disposes of the remaining households among the unsold 49 households and collects the said claim.
Article 2 (Sale Price, etc. in Transfer of Claims)
2. (1) The down payment shall be set at KRW 20 million, and the remainder KRW 100 million shall be paid at the time of concluding the contract and October 16, 2013, respectively.
(2) Any balance of KRW 3,941,470,000 shall be paid by the plaintiff to a Korean asset trust until January 11, 2014.
However, the "purchase price" column in the list of real estate attached to the trust principal of each household shall be the amount stated.