Text
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. The defendant is the plaintiff's birth.
B. From October 200, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and operated an entertainment tavern.
C. On June 3, 2005, the Defendant paid the sales price after the purchase price was determined as the purchaser in the Daegu District Court Port Branch C voluntary auction procedure for each real estate of this case.
On June 3, 2005, the establishment registration of the mortgage was terminated on May 28, 2010 with respect to each of the instant real property by the association of the mortgagee D, the debtor, the maximum debt amount of KRW 180,000,000,000. On the same day, the registration of the establishment of the mortgage was terminated on October 17, 2018. The registration was terminated on the same day by the FF association of the mortgagee, the debtor, the debtor, and the maximum debt amount of KRW 22,100,000,000.
E. On January 2016, the Plaintiff has leased each of the instant real estate to I under the name of the Defendant and received rent.
F. On April 28, 2017, a notarial deed was prepared on April 28, 2017, stating that “the Plaintiff shall pay to the Defendant KRW 60 million on April 28, 2019.”
(hereinafter “this case’s notarial deed”). 【No dispute over the ground for recognition】 Each entry in Gap’s Nos. 1, 3, 4, 7, and 8 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff purchased each of the instant real estate in the name of the Defendant, a birthee, with a burden of KRW 84,646,640, total sales proceeds and incidental expenses, excluding the secured loan, during the auction procedure at the Daegu District Court Port C voluntary Auction proceeding.
After that, on April 28, 2017, the Plaintiff and the Defendant entered into an agreement to complete the registration of ownership transfer in the Plaintiff’s future with respect to each of the instant real estate. The Plaintiff and the Defendant agreed to take over the secured debt of the right to collateral security established on each of the instant real estate and pay to the Defendant KRW 60 million with the settlement amount by April 28, 201
(hereinafter “instant agreement”) Accordingly, the Defendant.