1. The Defendant’s KRW 40,000,000 as well as 5% per annum from March 14, 2018 to March 5, 2019 to the Plaintiff.

Basic Facts

With respect to the 574 square meters (hereinafter “instant land”), the ownership transfer registration was completed on March 29, 2012 due to the sale on March 23, 2012, the Plaintiff’s transfer registration was completed on March 29, 2012, and thereafter on March 14, 2017, the ownership transfer registration was completed on March 16, 2017.

With respect to the land of this case, the registration of ownership transfer was completed on July 31, 2012 with respect to a single house of 90.12 square meters on the 1st, Busan Special Metropolitan City, Ggdong District (hereinafter “instant building”), and the registration of ownership transfer was completed on March 16, 2017 on the ground of sale and purchase on March 14, 2017.

On February 28, 2013, the Defendant obtained a loan of 44,000,000 won from D under the name of the Plaintiff as collateral for the instant land and the instant building (hereinafter collectively referred to as “instant real estate”). As to the instant real estate as collateral for the instant loan, the registration of the establishment of a neighboring mortgage as prescribed by D, which was completed on February 28, 2013, with respect to the instant real estate.

On March 23, 2017, KRW 37,680,131 out of the instant loans were repaid, and the entire amount of the instant loans was repaid, and accordingly, the registration of creation of a neighboring mortgage was cancelled on the same day.

On March 13, 2018, the Plaintiff handed over the instant real estate to the Defendant.

[Ground of recognition] In a case where there is no dispute, Gap's evidence Nos. 3, 4, 5, 8, 9, Eul evidence Nos. 1 and 3 (including serial numbers; hereinafter the same shall apply), and the whole purport of pleadings is added to Gap evidence Nos. 1 and Eul evidence Nos. 6 as to the grounds for a claim for judgment as to the claim for the purchase price as to the whole purport of the pleadings, it is recognized that the plaintiff sold the real estate of this case to the defendant on March 14, 2017, for price KRW 70,000,000 for the real estate of this case, on March 16, 2017 for sale and purchase as of March 14, 2017, the ownership transfer registration was completed in the defendant's future on March 16, 2017, and the plaintiff around March 13, 2018.