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1. The Selection C shall be the Plaintiff:
A. Attached 1. As to the real estate listed in the list, it is based on sale and purchase on February 13, 2018.
Reasons
1. Facts of recognition;
A. On February 13, 2018, the Plaintiff entered into a sales contract with the Defendant (Appointed Party’s father; hereinafter “Defendant”) who representeded C on behalf of the Appointor and purchased real estate listed in the [Attachment 1] List owned by the Appointor (hereinafter “instant housing”) at KRW 250 million (hereinafter “instant sales contract”).
B. The terms and conditions of the instant sales contract are as follows: (a) the intermediate payment of KRW 20 million shall be paid respectively at the time of the contract on February 20, 2018; and (b) the remaining amount of KRW 130 million shall be paid at the time of the contract; and (c) the documents necessary for the registration of the delivery of the instant house and the transfer of ownership are delivered on June 1, 2018.
C. In addition, according to paragraph (3) of the special agreement of the instant sales contract, a financial institution’s loan (156 million won) and a loan of a lending company (30 million won) secured by the instant house are to repay by the date of the seller’s payment of the remainder and to cancel the relevant collateral security.
The Plaintiff paid on the agreed date the sum of KRW 120,000,000,000 for the down payment and the intermediate payment on the part of the Selection, respectively, and on May 4, 2018, the remaining amount of KRW 130,000,000 out of KRW 130,000,000 prior to the agreed date.
In addition, the housing of this case was delivered by the Appointor around that time.
E. The Appointor received the intermediate payment from the Plaintiff as above.
The loan of a lending company (30 million won) as stated in the paragraph was repaid, but the financial institution loans (156 million won) as stated in the same paragraph did not repay. The above financial institution loans refer to the debtor D's debt to E-trusts secured by the registration of establishment of collateral security (hereinafter "registration of collateral security") as listed in attached Table 2.
F. On June 1, 2018, the date on which the Plaintiff agreed to pay the remainder of KRW 80 million (i.e., the purchase price of KRW 250 million - the down payment of KRW 200 million - the intermediate payment of KRW 100 million - the remainder payment of KRW 50 million - the remainder payment of KRW 50 million).