분양계약금 등
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 39,538,180 as well as its annual interest from August 10, 2017 to October 16, 2018.
1. Facts of recognition;
A. On June 22, 2012, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “B”) and Defendant B on June 22, 2012 with respect to the purchase price for the Seo-gu Busan F building (hereinafter “F building”) 5th G (hereinafter “instant real estate”) in Busan, which was owned by E Co., Ltd., and was entrusted with E Co., Ltd. (hereinafter “the instant real estate”); and the down payment of KRW 10 million on the date of the contract, the intermediate payment of KRW 60 million on the date of the contract, and the intermediate payment of KRW 38 million on July 15, 2012, the sales contract (hereinafter “instant sales contract”).
B. On June 22, 2012, the Plaintiff paid KRW 10 million to Defendant B, and the Plaintiff paid KRW 9,000,000 in the intermediate payment on August 21, 2012 through Defendant C, which was a person in charge of the sale of the F building, who did not borrow an intermediate payment due to a decision to prohibit the disposal of real estate, etc.
C. On August 29, 2012, the Plaintiff agreed to cancel the sales contract with Defendant B and real estate, and agreed to convert the sum of the down payment and intermediate payment already paid into the lease deposit for real estate, and decided to use the real estate continuously until the deposit is returned.
(hereinafter referred to as "the instant arrangement"). D.
On August 29, 2012, the Plaintiff made a move-in report on real estate, and disbursed KRW 300,000 as the installation cost of the warehouse partitions in real estate. From that time, the Plaintiff resided in real estate.
E. Defendant B completed the registration of ownership transfer for reasons of attribution of trust property on September 18, 2012 on the following day: (a) the registration of ownership transfer for reasons of sale was completed on August 20, 2012.
F. On November 10, 2014, H filed a lawsuit against the Plaintiff for a claim, such as delivery of real estate (Seoul District Court 2014Dadan86987), and the Busan District Court is difficult to deem that H succeeded to the lease contract on the real estate between the Plaintiff and the Defendant on July 27, 2016.