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1. The part of the claim amounting to KRW 133,200 shall be dismissed in the principal lawsuit of the Plaintiff (Counterclaim Defendant).
2...
Reasons
1. Facts of recognition;
A. D heading (hereinafter “instant real estate”) of the instant apartment building C in Busan Dong-gu, Busan, applied for a payment order with the Defendant and E as a co-defendant in the instant case, and the payment order against E was finalized as it is.
Each of these shares was owned by 4/10, 6/10 shares, and the registration of establishment of a mortgage was completed on the instant real estate as follows.
(1) Priority No. 1: The joint security (hereinafter referred to as the “mortgage”) No. 4: the mortgagee F Co., Ltd., the maximum debt amount of 720,000,000 won, the debtor E, and other rooms of the collective housing; hereinafter referred to as the “mortgage 1”; hereinafter referred to as the “mortgage 1; hereinafter referred to as the “mortgage 2; and hereinafter referred to as the “mortgage 4”);
B. On December 8, 2015, the Plaintiff entered into a sales contract with Defendant and E for the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer on December 15, 2015.
The purchase price of this case: ① 15,00,000 won in the instant case; ② The right to collateral security takes over by the Plaintiff, who is the purchaser; ② the right to collateral security was set up as a joint collateral for the secured debt of KRW 5,000,00 in the instant case; ② the right to collateral security was set up as a joint collateral for other units of multi-family housing; and ② the right to collateral security was converted into a separate loan for each unit of real-level real-level real-
shall be deducted from the purchase price.
The payment of the remaining purchase price of KRW 60,000,000 is replaced by deducting the same amount from the “debt that the Plaintiff owes to H” with the amount of KRW 60,00,000 that the Plaintiff ought to receive from H.
A seller shall restrict the exercise of ownership, such as mortgage, superficies, and lease, established on the real estate of this case.