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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On September 3, 2013, the Defendant leased KRW 300 million per annum to the Plaintiff on December 3, 2013, the interest rate of KRW 30% per annum, KRW 30% per annum on the payment date of interest, KRW 30% per annum, and KRW 300 million per annum on December 2, 2013. In order to secure the foregoing loan obligations, the Defendant completed the registration of the establishment of a mortgage with regard to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).
B. On November 22, 2013, the Defendant leased KRW 30 million per annum to the Plaintiff on the date of payment of interest, KRW 30% per annum, KRW 30% per annum on the date of payment of interest, KRW 400 million per annum, and due date on March 2, 2014. In order to secure the foregoing loan obligations, the Defendant completed the registration of the establishment of the instant real estate with respect to the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount as KRW
C. On February 28, 2014, the Plaintiff and the Defendant entered into a real estate sales contract with the following terms: (a) KRW 3.5 billion for the instant real estate; (b) KRW 700 million for the loan made on September 3, 2013 and the loan made on November 22, 2013; and (c) KRW 2.8 billion for the remainder of KRW 2.1 billion for the Plaintiff’s loan owed to the Plaintiff and the Plaintiff’s repayment of deposits for lease; and (d) entered into a real estate sales contract with the terms and conditions that “if the seller has repaid the total amount of KRW 700 million to the buyer by May 2, 2014, the sales contract shall be null and void.”
On March 28, 2014, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the instant real estate on the same terms and conditions as the sales contract on February 28, 2014, and added the following special terms and conditions:
1. The down payment and intermediate payment are replaced by KRW 700,000 that the buyer (the Defendant) lent to the seller (the Plaintiff) and the remainder 2.8 billion, with loans of KRW 2.1 billion to the Gyeongyang Credit Union and Samyang Credit Union.