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1. The Defendant’s KRW 194,00,000 and the Plaintiff’s annual rate of KRW 6% from January 23, 2018 to February 9, 2018.
Reasons
1. Basic facts
A. On November 2013, the Defendant concluded a sales contract with one asset trust (hereinafter “one asset trust”) on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and paid the sales price. On September 8, 2015, the Defendant filed a lawsuit against one asset trust seeking cancellation of the sales contract and return of the sales price (hereinafter “related lawsuit”).
B. Accordingly, on October 16, 2015, the Plaintiff, the truster, entered into a sales contract with the Defendant on the condition that the Plaintiff purchases each of the instant real estate in the amount of KRW 1.57 billion (hereinafter “instant sales contract”). On October 19, 2015, the Plaintiff, the truster, entered into a sales contract with the Defendant that “the Defendant would withdraw the pertinent lawsuit and will not raise any objection in the future” (hereinafter “instant sales contract”). On October 19, 2015, the Plaintiff paid the down payment of KRW 50 million to the Defendant.
C. The Defendant did not withdraw the pertinent lawsuit, contrary to the agreement, but on January 15, 2016, the court rendered a dismissal judgment on the ground that “The Plaintiff was agreed to withdraw the lawsuit between the Defendant and one asset trust on the condition that the Plaintiff purchase each of the instant real estate from the Defendant, and the Plaintiff purchased each of the instant real estate from the Defendant, and the said condition was fulfilled, and thus the benefit of protecting rights was extinguished.” The said judgment became final and conclusive on February 5, 2016.
However, on March 21, 2016, the Defendant sold Nos. 109 and 110 to A, and sold Nos. 111 to B on March 30, 2016, and sold Nos. 111 to B on April 20, 2017, and sold Nos. 112 and 113 to C on April 20, 2017, and completed the registration of ownership transfer on April 25, 2017, respectively.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6 through 8 (including those with a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The judgment of this Court
A. The sales contract of this case is concluded.