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Reasons
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(영문) 수원지방법원 2018.05.31 2017나2929
소유권이전등기말소등기
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1. The judgment of the court of first instance is modified as follows.

With respect to each real estate listed in the separate sheet among the instant lawsuits.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant in the amount of KRW 1 billion, and paid the remainder KRW 60 million as down payment, and paid the remainder of KRW 940 million on May 29, 2015. According to the special agreement, the Plaintiff entered into a sales contract with the Defendant to settle the outstanding balance of the payment before the remainder of the remainder of the payment.

B. On June 10, 2015, the Defendant agreed with the Plaintiff on June 10, 2015, for the remainder of KRW 114,947,600, excluding the remainder of KRW 750,000,000 for termination of the right to collateral security (development contributions), from the total purchase price of KRW 1 billion, KRW 60,000,000,000 for the contract in this case, and KRW 75,000,000 for the termination of the right to collateral security (development contributions) for the purpose of termination of the attachment of Masan Saemaul Depository, the Defendant paid KRW 50,00,000 to the Plaintiff on June 10, 2015, and paid the remainder of KRW 64,947,60 by June 11, 2015 (hereinafter “instant agreement”).

C. On June 10, 2016, the Plaintiff received KRW 50 million from the Defendant, and completed each registration of the transfer of ownership with the Sungwon District Court No. 124321 as to the instant real estate.

The Defendant borrowed the instant real estate as collateral and paid the balance under the agreement of this case.

On June 10, 2015, the Defendant borrowed KRW 1,04,000,000 from the maximum debt amount, KRW 750,000,000,000,000,000,000,000,000,000 from the establishment of the right to collateral security, which is the debtor and the fishery cooperative of the death of the mortgagee. On the same day, the Defendant borrowed KRW 240,000,000,000,000

However, the Defendant did not pay the remainder to the Plaintiff under the instant agreement.

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