beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
C If loaning approximately KRW 1.8 billion from Sejong Mutual Savings Bank (hereinafter “Stim Mutual Savings Bank”), and as security, the Suwon District Court completed the registration of creation of superficies (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet Nos. 1 and 2, which is the Plaintiff’s father, on August 16, 201, the Suwon District Court: (a) No. 39161, supra, received on August 16, 201; (b) the maximum debt amount of KRW 2.7 billion; and (c) the debtor C; and (d) the registration of creation of superficies with respect to each real estate listed in the separate sheet No. 3935, Mar. 5, 201.
C When the above principal and interest of loans were in arrears and the financial difficulties were incurred, C made a provisional sales agreement between E Co., Ltd. (hereinafter referred to as “E”) operated by D on behalf of the Plaintiff and E Co., Ltd. (hereinafter referred to as “E”) on behalf of the Plaintiff to sell part of each of the instant real estate and pay the above debt, and on behalf of the Plaintiff, as to the real estate listed in attached Table 1 List 2 (hereinafter referred to as “F”), 3.364.8 million won (hereinafter referred to as “F”).
Spoi Mutual Savings Bank applied for the commencement of voluntary auction on each of the instant real estate to Suwon District Court Green G on the basis of the instant collateral security, and the said court rendered a decision to commence auction on August 12, 2014.
A sales contract dated December 19, 2014 (hereinafter “sales contract dated December 19, 2014”) concluded between the Plaintiff and the Defendant, which entered in the separate sheet No. 9,654,200, for each real estate in the name of the Defendant with respect to each real estate in the instant case, was entered into, and the ownership transfer registration under the name of the Defendant was completed as of January 21, 2015 with respect to each of the said real estate as of December 19, 2014.
As to each real estate listed in the separate sheet No. 2 list between the Plaintiff and the Defendant, the purchase price of which is KRW 530,000,000 shall be determined on February 13, 2015.