beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 25, 2012, the Defendant Company acquired ownership of B large-scale B, 1017 square meters (hereinafter “instant land”).
B. As to the instant land, the Defendant Company: (a) on May 25, 2012, the maximum debt amount of KRW 2,700,00,000; (b) on the first priority mortgage of the Daegu Bank Co., Ltd.; (c) on October 15, 2012, the maximum debt amount of KRW 2,640,00,000; and (d) on the second priority mortgage of the Daegu Bank Co., Ltd.; (b) on February 18, 2013, the second priority mortgage of the maximum debt amount of KRW 250,00,000; (c) on the third priority mortgage of the company of the mortgagee Co., Ltd.; (d) on December 12, 2013, instead of the maximum debt amount of KRW 30,00,000; (d) on the basis of the bank’s maximum debt amount of KRW 300,000; and (e) on the basis of the maximum debt amount of KRW 1014,0194.
C. On August 31, 2015, Defendant Company concluded a sales contract under which the instant real estate was sold to the Plaintiff on the following terms (hereinafter “instant sales contract”).
1)The sale price shall be KRW 6,100,000,000, and the actual amount to be paid shall be KRW 200,000,000,000,000,000 for down payment, and the remainder shall be KRW 1,510,00,000, and two loans from the Daegu Bank (actual loans 4,820,000,000,000) from the Defendant Company and the lease deposit of the instant real property shall be acquired and succeeded to KRW 530,00,00,000,00 for the lease deposit of the instant real property from the Defendant Company. (2) The delivery date and the remainder payment date of the instant real property shall be September 30, 2015, part of the remainder shall be appropriated from the purchase price of land E in Busan-gun, Daegu, where the Plaintiff would sell the Defendant Company.
3. The Defendant Company shall complete the remainder of the right to collateral security other than the first and second right to collateral security established on the instant real estate prior to the payment date of the remainder.