청구이의
1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court Order 2017Hu168795 dated April 17, 2017.
1. On December 15, 2016, the Defendant completed registration of the preservation of ownership with respect to each of the ground reinforced concrete structure (a floor), 144.04 square meters, 2, 3, and 4 stories, 954.95 square meters (hereinafter “instant building”) on each of the two parcels, including the two parcels, on which the Defendant completed registration of the preservation of ownership with respect to each of the 6,219 square meters and D 1,356 square meters (hereinafter “each of the instant parcels”).
On December 29, 2016, the Plaintiff and the Defendant sold the instant building to the Plaintiff at KRW 2.78 billion; however, the Plaintiff sold the instant building to the Defendant on the date of the contract; KRW 500 million on the date of the sale of the instant building; or on April 30, 2017, the Plaintiff paid KRW 2.28 billion at the remainder of the time when the Plaintiff sold the instant building; and the Defendant concluded a sales contract with the Plaintiff to deliver documents necessary for the registration of transfer of ownership of the instant building at the time of receiving the down payment (hereinafter “instant sales contract”).
On January 2, 2017, the Plaintiff paid KRW 500 million to the Defendant, and on January 2, 2017, the Defendant completed the registration of ownership transfer on the instant building based on the instant sales contract to the Plaintiff.
On April 14, 2017, the Defendant filed an application with the Plaintiff for a payment order claiming the remainder of the purchase price under the instant sales contract (Seoul Central District Court Decision 2017 tea168795), 2.28 billion won, and delay damages.
On April 17, 2017, the Seoul Central District Court issued a payment order stating that “The Defendant shall pay the Plaintiff the amount of KRW 2280 million with 15% interest per annum from April 19, 2017 to the date of full payment, and the expenses for demand procedure shall be KRW 812,500 per annum,” and the instant payment order was finalized because the Plaintiff did not raise any objection.
[Reasons for Recognition] Facts without dispute, Gap 2, 3, 5, 6 evidence, Eul 10 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings.