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1. The Defendants: (a) each of the Plaintiff KRW 687,400,00 and KRW 190,700,000 among the Plaintiff; (b) from November 14, 2014; and (c) 496,700.
Reasons
In fact, on October 27, 2014, the Plaintiff entered into a sales contract for purchase of KRW 190,700,000 (hereinafter “instant sales contract”) with the Defendants for KRW 485 square meters of land D in Sejong-si (hereinafter “instant D”) from the Defendants.
Article 1(2) of the sales contract of this case provides that “If a seller restricts the exercise of ownership, such as a mortgage, superficies, and right of lease established on the land of this case, or there is any reason to restrict the seller’s exercise of ownership, such as a right of lease, or if there is any unpaid tax and other charges, the seller shall remove the defect and burden of the right
Although the Plaintiff paid to the Defendant the purchase price of KRW 190,70,000 on November 14, 2014, the Defendants did not cancel the registration of the establishment of a neighboring mortgage completed by the Daejeon District Court No. 30687, Aug. 22, 2013, with the purport that “Defendant C, the maximum debt amount of KRW 975,00,000, and the mortgagee E” was “Defendant C, the maximum debt amount of KRW 975,000” on the instant land.
In addition, on March 25, 2015, the Defendants prepared a written performance letter stating that “The registration of the establishment of a neighboring mortgage on the instant land shall be cancelled by June 2015” to the Plaintiff, but did not implement it by June 2015.
On October 28, 2015, the Plaintiff concluded a sales contract with the Defendants to purchase KRW 796,70,000 (the intermediate payment of KRW 296,70,700,000 (the intermediate payment of KRW 200,700,000) and the remainder of KRW 200,000 (the remainder of KRW 200,000,000) among the down payment of KRW 5,40,000,000, which is part of KRW 747,000 square meters, and the surrounding road shares (hereinafter “instant G land”). On the date of the contract, the Plaintiff paid KRW 10,00,000,000 among the down payment, and paid KRW 10,000,000,000,000 among the down payment of KRW 30,000,000 on November 3, 2015; and the remainder of intermediate payment of KRW 10,0010,100.