beta
Text
1. The Defendant’s KRW 14,915,603 for the Plaintiff and KRW 5% per annum from April 12, 2016 to April 25, 2017.
Reasons
1. Facts of recognition;
A. On April 2015, the Plaintiff entered into a sales contract with the Defendant to sell the land and buildings listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as the purchase price of KRW 102,00,000, down payment of KRW 12,000,000, and the remainder of KRW 90,000 on June 30, 2015 (hereinafter “instant sales contract”), and received KRW 12,00,000,00 as the down payment on the day. The said contract entered into a special agreement stating that “to be used by the end of January 2016.”
B. Since then, in lieu of paying KRW 13,00,000 out of the Defendant’s remaining debt, the Plaintiff is entitled to transfer the Defendant’s ownership of D D D D D D (hereinafter “C”) owned by the Defendant from the Defendant (hereinafter “C”) and was handed over.
C. On February 2, 2016, the Plaintiff and the Defendant again completed the registration of ownership transfer for the instant real estate and completed the registration of ownership transfer for the said real estate, and completed the sales contract retroactively from January 5, 2016, to pay the remainder after obtaining a loan as security. The said contract is written on February 2, 2016 by the remainder payment date, and the said contract is written on February 2, 2016, and “if the seller has entered into this contract, he/she shall compensate the buyer for the double of the amount received as the down payment, and if the buyer has entered into this contract, the down payment shall be null and void, and shall not be claimed for the return of the down payment (hereinafter “the down payment”).
On February 11, 2016, the Plaintiff revoked the registration of creation of a collateral security holder, Jyang Agricultural Cooperatives, the maximum debt amount of KRW 63,00,00,00, which was established on the instant real estate, and completed the registration of establishment of a collateral security holder’s establishment of a collateral security right to the Defendant, and the Defendant paid on behalf of the Plaintiff the Plaintiff a debt of KRW 50,084,397 against the Plaintiff’s financial institution on March 15, 2016, and deducted the Plaintiff from the sales amount obligations.