Therefore, on December 12, 2014, the Plaintiff remitted KRW 17 million to the Agricultural Cooperative account of Nonparty E, which arranged the transaction of the above apartment sales right, and paid KRW 30 million to the Defendant’s Real Estate Account on December 24, 2014.

However, the Plaintiff and the Defendant agreed to cancel the above sales contract by selling the above apartment unit to another person and not performing the sales contract. The Plaintiff and the Defendant agreed to refund 42.6 million won, including the sales contract amount paid by the Plaintiff and 30.5 million won, and the amount transferred by the Defendant in relation to the sales of the above apartment unit E from the above E, to the Plaintiff. Thus, the said money and the damages for delay are claimed.

2. We examine the judgment. The defendant did not dispute the fact that the defendant paid the sales contract amount to be paid by him in relation to the sale and purchase of the above apartment house and the fact that 12.1 million won was paid with the sales contract amount for the sales right. In addition, according to the evidence No. 6-1, the plaintiff's claim is reasonable, since it can be known that the defendant would return 42.6 million won to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 40 million won with 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 24, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case.

3. The plaintiff's claim is reasonable and it is so decided as per Disposition.