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1. The defendant shall receive KRW 52,480,220 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 20, 2009, the Defendant completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant apartment”) based on sale.
B. The defendant borrowed KRW 100 million from the Nam Changwon Agricultural Cooperative on March 20, 2009 and the Seoul Changwon Agricultural Cooperative was granted a loan of KRW 100 million to the Seoul Changwon Agricultural Cooperative.
3. 20. Receipt No. 1722 of 20. 1722 completed the registration of creation of a mortgage near the maximum debt amount of KRW 120,000.
C. On March 9, 2010, the Plaintiff entered into a sales contract with the Defendant’s wife C by setting the sales price of the instant apartment as KRW 181 million (hereinafter “instant sales contract”) and paid the down payment of KRW 20 million to C on the same day.
C received the down payment of KRW 20 million from the Plaintiff, and issued to the Plaintiff a receipt stating “A confirmation that the down payment owned by D Apartment No. 802, 111-dong 802 B was received,” which read “Woo 20,000,000.”
E. On March 23, 2010, the Plaintiff transferred KRW 3 million to C as an intermediate payment under the instant sales contract.
F. C, in the process of selling the instant apartment to the Plaintiff, concluded that “In fact, in the instant apartment, the tenants were living in KRW 120 million as the deposit for the lease on a deposit basis, and were charged with KRW 100,000,000 for KRW 181,000,000 and KRW 500,000 for KRW 50,000 for the lease on a deposit basis.” The Plaintiff was convicted on the charge that “I will sell the instant apartment at KRW 181,00,000 for KRW 50,000 for the lease on a deposit basis, and I would sell the said apartment at KRW 181,00 under the condition that I would pay the above loan and the deposit for the lease on a deposit basis.” The Plaintiff was charged with the crime that “I would receive KRW 20,000,000 as the deposit for the lease on a deposit basis and KRW 3,000,000 for part of the intermediate payment from the Plaintiff.”