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1. The Defendant’s KRW 300,000,000 as well as 5% per annum from January 17, 2015 to January 14, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On March 5, 2010, the Plaintiff’s loan claim against C with no intent and ability to repay and no consent was obtained from the Defendant or the Defendant’s son with respect to the establishment of the right to collateral security (hereinafter “instant land”) from C with respect to “the land owned by the Defendant, Gwangju E-si, Gwangju-si, with the permission of neighborhood living facilities, etc., and then intends to resell profits by resale the land. If KRW 500 million is leased, 3% of the monthly interest shall be given, and the amount shall be repaid three months after the loan. The Plaintiff would establish the right to collateral security of KRW 80 million with respect to the instant land as security for the borrowed money.” He heard that “A consent was obtained from D with respect to the establishment of the right to collateral security.” In addition, C lent KRW 369,93,835 in total as the purchase price of the instant land.”
B. On March 5, 2010, the Defendant and C concluded a sales contract with respect to the instant land as indicated below (hereinafter “instant contract”).
(1) Article 1 (Special Terms and Conditions 1) of the Act provides that “A purchase and sale agreement shall be concluded under the name of C, and both parties shall faithfully comply with the permission for a land transaction contract after the completion of the building.” Article 2 (Special Terms and Conditions 2) of the Act provides that “A shall pay the purchase and sale agreement amount by dividing the purchase and sale agreement amount into one and two occasions after the completion of the building due to the circumstances described in C.” Article 3 (Sale Price) provides that “A shall sell the subject matter of the purchase and sale agreement to “C” with KRW 1.23 billion. Article 4 of the Act provides that “A shall pay the purchase price to the Defendant as follows.” Article 4 of the Act provides that “The purchase and sale agreement shall be secured at the same time on May 30, 2010 with the amount of KRW 350,000,0000,0000,0000,000,000 won and KRW 380,000,00.