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1. Based on the Defendant’s High Court Decision 2018Gahap71086 Decided June 8, 2018, which rendered the Defendant’s High Court for the Plaintiff.
Reasons
1. Basic facts
A. On March 21, 2017, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 2,681,00,000 out of the purchase price, 1,80,000 out of the purchase price, in lieu of the Plaintiff’s succession to the Defendant’s bank loans, and the remainder of KRW 881,00,000 from the remainder of KRW 881,00,000 to the Defendant on November 30, 2017.
B. On April 25, 2017, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 21, 2017 with respect to the instant real estate, and cancelled the registration of establishment of a neighboring mortgage amount of KRW 2,520,000,000, which was established on the same day after repayment of bank loans succeeded by the Defendant from the Defendant.
C. The Defendant filed an application for provisional attachment of the instant real estate with the claim amounting to KRW 881,00,000,000 of the purchase and sale balance claim with the Jung-gu District Court High Court 2017Kadan10209 on December 18, 2017, as it did not receive the purchase and sale balance from the Plaintiff until the date of the remainder payment, and received a decision of provisional attachment from the above court on December 28, 2017.
In addition, on January 30, 2018, the Defendant filed an application against the Plaintiff for a payment order claiming for the payment of the remaining trading amount of KRW 881,00,000,000, and the delayed payment damages from the payment order with the Jung-gu District Court High Court 2018Da697, and the Plaintiff filed an objection against the above payment order, the litigation procedure was conducted as the High Government District Court 2018Ka71086.
E. On April 6, 2018, the Plaintiff agreed with the Defendant to the effect that the time limit for the payment of the remaining trade amount may be October 20, 2018, while the Plaintiff violated the agreement, the Defendant may immediately execute the judgment based on the said lawsuit (hereinafter “instant agreement”), and the main contents thereof are as follows.
1. Defendant and Plaintiff.