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1. As to KRW 210,00,000 and KRW 90,000 among them, the Defendant shall pay to the Plaintiff KRW 210,000,00 from November 9, 2018, and KRW 120,00,00.
Reasons
1. Basic facts
A. On May 3, 2018, the Plaintiff entered into a sales contract with the Defendant to sell the building of the Dong-gu Daejeon Special Metropolitan City 588 square meters and D large 366 square meters and its ground (hereinafter collectively referred to as “instant real estate”) for KRW 1,380,000,000 for the purchase price (hereinafter “instant sales contract”) and received KRW 40,000,000 from the Defendant on the same day.
The sales contract of this case contains special terms and conditions as follows.
1) Loss or removal of a building shall be done by the seller in cooperation with the seller. 2) EFFC mortgage (three cases) recorded in the said real property shall be taken over by the buyer.
3) As to the instant real estate, the registration of the right to collateral security under A’s order is KRW 240,00,000 with a maximum debt amount of KRW 120,000,000 shall be paid up to July 16, 2018 after the registration of the creation of the right to collateral security additionally. The remainder shall be paid up to July 30, 2018. B. At the time of the instant sales contract, the Plaintiff, the obligor, and the maximum debt amount of the instant real estate were set up as the mortgagee, EF, the obligor, and each collateral security amount of KRW 1.30,000,000,000 for KRW 9,91,39,000. The Defendant changed the debtor of each of the instant real estate established on the instant real estate as the ground of acquisition of the right to collateral security on May 24, 2018 on the same day after completing the registration of ownership transfer based on the instant sales contract.
2. According to the purport of Gap evidence No. 1 and the entire pleadings, according to ① the defendant shall pay KRW 1.1 billion out of the purchase price of the instant sales contract 1.34 million, by the method of acquiring each collateral security obligation established on the instant real estate, and the remaining KRW 1.2 million out of the remainder KRW 2.44 million shall be paid in July 16, 2018, and the remaining KRW 1.20 million shall be paid in November 30, 2018, and ② the plaintiff shall receive KRW 30 million from the defendant on September 17, 2018, as well as the remainder until now.