매매대금반환
1. The Defendant shall pay to the Plaintiff KRW 66,568,90 as well as KRW 47,380,00 among them, from January 31, 2009 to March 23, 2015.
1. Facts of recognition;
A. On October 30, 2006, the Plaintiff entered into a sales contract with the Defendant and each of the lands listed in the separate sheet owned by the Defendant (hereinafter “each of the instant lands”) with the purchase price of KRW 127,200,000 (hereinafter “instant sales contract”).
B. At the time of the instant sales contract, the Plaintiff paid the Defendant KRW 13,500,000 for the intermediate payment of KRW 20,000 on November 20, 2006, and paid KRW 83,500,000 in total by paying the intermediate payment of KRW 50,000 on December 4, 2006.
C. However, the Defendant, only with respect to the land listed in paragraph (6) of the attached Table No. 6 among the land of this case, performed the procedure for the transfer of ownership based on the sale on November 30, 2006 as the receipt of No. 14533, Dec. 22, 2006, and sold all of the remaining land to others and completed the procedure for the transfer of ownership to others.
According to the Plaintiff’s trend of responsibility, the Defendant considered the Plaintiff on January 9, 2009 as KRW 83,50,000, the Defendant paid from the Plaintiff KRW 36,120,000, the assessed value of the land indicated in paragraph (6) of the attached Table, which had already been implemented by the Defendant, as KRW 36,120,00, and the remainder of KRW 47,380,00 (=36,120,000 - 36,120,000) calculated by subtracting the assessed value of the land indicated in paragraph (6) of the attached Table, which had already been implemented by the Plaintiff, as the principal amount to be compensated for the Plaintiff. From October 30, 206 to January 30, 209, the Defendant agreed to pay the Plaintiff KRW 19,188,90 (=47,380,000 x 0.15 x 27 months).
[Ground of recognition] The description or shape of Gap evidence Nos. 1 through 9 (including paper numbers), the witness C and D's testimony, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant raised an objection from January 31, 2009 to the plaintiff 66,568,900 won and 47,380,000 won among them pursuant to the above agreement.