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1. The defendant made an agreement on the transfer of security on November 18, 2004 with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. At the time of August 10, 2004, the Plaintiff loaned KRW 120,00,000 to D, the representative director of the Defendant Company (the trade name was changed from C to B on August 6, 2009) after the due date, but D failed to repay it at the due date. As such, the Plaintiff and the Defendant Company, instead of paying the above loan on November 18, 2004, prepared a sales contract stating that the Plaintiff paid the total amount of KRW 300,000,000,000 with the sale price of KRW 120,000,000,000 in lieu of paying the above loan. However, if the Defendant Company pays KRW 120,000 by December 18, 2004, it was null and void.
B. However, in the process of protesting against the double sale of the Defendant Company’s above 502 to G and H other than the Plaintiff, the Plaintiff and the Defendant Company changed the object of payment in kind to the apartment as indicated in the separate sheet No. 502 on January 9, 2005 (hereinafter “the apartment of this case”) and again written a sales contract stating that the sales amount of KRW 300,000,000 was paid in full. However, the date of preparation was retroactively stated as of November 18, 2004, which entered into a payment in kind agreement with the above 502.
C. As of January 9, 2005, the market price of the above apartment was KRW 470,00,000 for the market price of the above apartment as of January 9, 2005, and the Plaintiff’s principal and interest of the loan was KRW 122,383,561 [the Plaintiff’s damages for delay calculated at the rate of 5% per annum from August 18, 2004 to January 9, 2005 (120,000 x 145/365 x 05 x 0,05 x 2,383,561 won per annum]; and the Plaintiff’s interest and interest of the loan was KRW 122,383,561].
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 5, the purport of the whole pleadings
2. Determination
A. According to the above facts, the plaintiff and the defendant company agreed on November 18, 2004 to transfer the ownership of the apartment of this case to the plaintiff instead of paying the above loan debt to D on November 18, 2004.