1. The defendant,

A. At the same time, the Plaintiff received KRW 102,90,000 from the Plaintiff A, and the Plaintiff’s Schedule 1, 2, and 3.

1. Determination as to the cause of claim

A. Each real estate listed in the separate list of the facts of recognition (hereinafter “each real estate of this case”) is owned by the defendant.

As joint collateral, the registration of the establishment of a mortgage around June 15, 2012 was completed with the creditor Nonghyup Cooperatives, the debtor H, the maximum debt amount of KRW 221,00,000,000.

On March 13, 2015, the Plaintiffs concluded a sales contract from the Defendant to purchase real estate as follows:

Plaintiff

A and C represented the plaintiff B to conclude a sales contract.

The Plaintiffs paid the down payment to the Defendant on the day, and the balance was paid on April 1, 2015, and agreed to cancel the right to collateral security simultaneously with the payment of the balance.

A CD E L PIJ K M N(based on recognition), entry of evidence A1-5, the purport of the whole pleadings, and the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to receive the above sales balance from the Plaintiffs, and at the same time, to implement the registration procedure for ownership transfer based on the purchase and sale on March 14, 2015. 2) The Plaintiffs asserted that the amount of concurrent performance relation with the Defendant’s obligation to transfer ownership is the amount obtained by deducting the amount of secured debt from the sales balance, as there is an implied agreement to pay the remainder after deducting the secured debt at the time of the sales contract.

In the case of sale and purchase of real estate on which the right to collateral security has been established, barring special circumstances, such as a seller's cancellation of the right to collateral security, obligation of transfer of ownership and obligation of buyer to pay the remainder of the purchase price by acquiring the secured obligation and deducting the amount of the debt from the purchase price.

(Supreme Court Decision 91Da23103 delivered on November 26, 1991). The fact that the Plaintiffs and the Defendant agreed to cancel the right to collateral security at the same time as the payment of the remainder at the time of the sales contract is as seen earlier, and the secured obligation is the remainder.