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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 56,000,000 and the defendant shall pay to the plaintiff on August 2014.
Reasons
1. Basic facts
A. On May 8, 2014, F, the husband of the Plaintiff, concluded a sales contract (hereinafter “instant sales contract”) with E on behalf of the Plaintiff on the land of Daegu-gu, Daegu-gu, Daegu-gu, the Plaintiff’s 83 square meters, D-70 square meters, and both above-ground wooden fixtures and 74.48 square meters on the ground, an apartment house of the 54.48 square meters, and cement brick fixtures and Subdivision, one-story, and 11.57 square meters in storage (hereinafter “instant real estate”). The main contents of the sales contract (hereinafter “instant sales contract”) prepared at the time are as follows.
1. A cement brick structure, a brick structure, and a 1.57 square meter in a warehouse, and a 11.57 square meter in a warehouse, on a two-ground wooden tank, a 70 square meter in Jung-gu, Jung-gu, Daegu Metropolitan City with indication of real estate;
2. As to the sale of the above real estate, the seller and the buyer, by agreement, shall pay the sales amount as follows.
KRW 275,000,000 down payment of KRW 10,000,000 shall be paid at the time of the contract and the intermediate payment of KRW 190,000 (A seal) received at the time of the contract;
5. 9. Succession to loans.
Any balance of 75,000,000 won shall be paid on May 9, 2014.
Articles 2 through 8: Special terms and conditions for each omission;
1. Deposit 19 million won shall be succeeded by the buyer and subtracted from the balance; and
2. Any balance shall be transferred to A account;
3. Other matters shall be governed by ordinary practices.
May 8, 2014
On May 9, 2014, the registration of the transfer of ownership based on the instant sales contract was completed under the name of the Defendant. On the same day, the registration of the transfer of ownership based on the instant sales contract was completed, and the registration of the change of the right to collateral security that the debtor, who is the mortgagee, was changed from the Plaintiff to the Defendant.
C. The instant real estate had been filed by the mortgagee for auction on April 2, 2015, and was awarded a successful bid in KRW 246,451,380 on April 2, 2015, and around that time, a decision to permit sale.