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1. Defendant B’s KRW 90,000,000 as well as 5% per annum from May 13, 2015 to April 21, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The instant real estate is registered as being jointly owned by the Defendants as one-half shares.
B. On August 25, 2014, the Plaintiff, as a permanent resident of the U.S., returned to the Republic of Korea on its day, set the right to collateral security of KRW 632.1 million for the instant real estate, as set forth below, at the Korea Exchange Bank and the maximum debt amount of KRW 130 million. The Plaintiff and Defendant B set the purchase price at KRW 630,210,000, separate from the Plaintiff’s acceptance of the said collateral security obligation.
In purchasing the contract, KRW 60 million was paid on the date of the contract and the remainder KRW 572.1 million was paid on August 29, 2014, and KRW 30 million out of the remainder was paid on August 29, 2014 to the lessee who resides on the first floor of the instant real estate, and part of the remainder was paid by bank loans (hereinafter “instant sales contract”).
Defendant B entered his address, resident registration number, telephone number, and name in the “seller” column of the instant sales contract, and affixed his seal to the name next to that name, and entered the name of Defendant C in the name of Defendant B.
[Real estate sales contract] Article 1 of the terms and conditions of the contract: 630,2100,000 won loan: 60,000 won: The maximum debt amount shall be succeeded to KRW 130,000,000 (Korean Exchange Bank).
Any balance: 570 million won shall be paid on August 29, 2014.
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
The defendant C bears the responsibility of the documents, etc. until the transfer.