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Reasons
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(영문) 서울고등법원 2019.07.10 2018나2054362
매매대금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On May 30, 2016, the Plaintiff concluded a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “each of the instant forests”) owned by the Plaintiff at KRW 3,00,000,000 in the purchase price.

(hereinafter “The First Sales Contract of this case”). The details relating to the purchase price in the First Sales Contract of this case are as follows.

The defendant paid 300,000,000 won to the plaintiff on the same day as the down payment.

Article 2. The buyer shall pay the purchase-price to the seller as follows:

1. Sales amount: 3,000,000 won;

2. Down payment: 300,000,000 won on May 30, 2016

3. Part payments: 1,00,000,000 won shall be substituted by those paid in advance.

4. Any balance: A collateral security established on real estate indicated in Article 1 of the Special Agreement on June 30, 2016, payment of which is made on June 30, 2016.

1. F association’s maximum amount of debt 1,110,000,000 won;

2. The maximum debt amount shall be KRW 500,000,000, which shall belong to the purchaser, and the remainder shall be KRW 1,600,00,000,000, which shall be the sum of KRW 1,110,000,000,000, and KRW 500,000,000,000, which shall be the sum of KRW 1,700,000; and

Provided, That the amount of the principal reduced from the maximum amount of bonds shall be paid including the balance.

3. Any contract shall be concluded on the basis of the due date of the balance.

B. Meanwhile, at the time of the conclusion of the first sale contract of this case, each forest of this case as of November 26, 2010, ① the registration of establishment of a collateral security (hereinafter “mortgage 1”) consisting of the debtor, the plaintiff, and the collective security holder FF association as of the Suwon District Court No. 4915, Nov. 26, 2010; ② the registration of establishment of a collateral security (mortgage 500,000,000,000 with the maximum debt amount as of March 23, 2016 as of the receipt of the first sale contract of this case as of March 23, 2016; ② the right to collateral security (hereinafter “G”) consisting of the establishment of a collateral security (hereinafter “mortgage 2”). The right to collateral security (hereinafter “mortgage 1 and 2”) consisting of the establishment of a collateral security (hereinafter “the maximum debt amount”).

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