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1. The Defendant: (a) KRW 44,389,860 for the Plaintiff and 5% per annum from November 11, 2015 to June 20, 2018; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, the Defendant, and C’s joint purchase of real estate and joint acquisition of the first collateral security obligation) the Plaintiff, the Defendant, and C are the buildings with the area of 1,503 square meters and D and E’s second-class neighborhood living facilities (hereinafter “instant real estate”).
2) The Plaintiff, Defendant, and C concluded a sales contract with F on September 19, 2003 with respect to the instant real estate and completed the registration of ownership transfer on October 2, 2003 with respect to one third shares, respectively.
At the time, the right to collateral security (hereinafter “the first right to collateral security”) was established, which is the debtor F and the right to collateral security (hereinafter “G”), on the instant real estate, the maximum debt amount of KRW 231,00,000,000, and the debtor F and the right
3) On the other hand, the Plaintiff and the Defendant, instead of paying KRW 82,50,00,000 each of the purchase price and transaction costs, acquired the Defendant’s loan obligation of KRW 165,00,00 to F, a collateral obligation of the first collateral security right, under the name of the Defendant. On the other hand, the Plaintiff assumed the principal and interest of KRW 82,50,000 corresponding to one half of the collateral security right. As to the instant real estate as of October 16, 200, the acquisition of the contract as of October 16, 2003, as the ground for registration, changed the debtor of the first collateral security right from F to the Defendant. (B) On May 3, 2006, the establishment of the collateral security right with respect to the portion of KRW 130,00,000,000, the maximum debt amount regarding the instant real estate, which is one-third of the collateral security right, was completed with respect to the entire maximum debt amount of KRW 300,170,200.
2 The Defendant borrowed KRW 345,00,000 from G on November 13, 2007. Of them, KRW 165,00,000 constitutes a substitute loan for the secured obligation under the primary right to collateral security, and newly loaned KRW 180.