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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 31, 2001, the Plaintiff asserted that the Plaintiff lent KRW 57,00,000 to C with interest rate of KRW 18% per annum and due date of repayment on December 31, 2003, which was not repaid KRW 37,000,000.
Accordingly, on July 7, 2005, the Plaintiff received a provisional attachment order of KRW 37,00,000 as claimed amount with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C as of July 7, 2005.
(B) On July 18, 2005, the provisional seizure of this case was completed on July 11, 2005. The Defendant received the registration of ownership transfer from C on the ground of sale and purchase of the instant real estate on July 18, 2005, as follows: “The Defendant succeeds to the provisional seizure obligation concerning the instant real estate and the existing collateral security obligation (the maximum bond amount of KRW 60,000,000) and waivers his claim against his wife C and C.”
Accordingly, the defendant accepted the provisional attachment obligation of this case.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 37,00,000 and damages for delay calculated at the rate of 18% per annum from July 7, 2005 to the date of full payment.
2. In a case where the purchaser of a real estate agrees to take over the secured debt of the right to collateral security, provisional attachment, and the obligation to return a lease deposit with respect to the subject matter of sale and to deduct the amount of such obligation from the purchase price, barring any special circumstances, it shall be deemed as an acceptance of performance, not an assumption of the seller’s obligation to exempt the seller, and barring any special circumstance, it shall not be interpreted that the purchaser bears the obligation to actually pay the obligation, and barring any special circumstance, the purchaser shall be deemed to have fulfilled the obligation to pay the balance by paying the remainder after deducting the amount of obligation from the purchase price. In addition, the content of this agreement is to pay the seller’s obligation under a contract with the seller and the buyer, and the buyer bears the duty to pay the seller’s obligation only with respect to the third party’s status.