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1. The Defendant’s KRW 58,300,000 as well as 5% per annum from July 20, 2012 to December 7, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 25, 2011, the Plaintiff received a proposal from the Defendant that “The apartment is scheduled to be entered into Chuncheon-si, and the land price in this place is high in value of investment since it was made in the future, and the Plaintiff has the right to directly purchase and dispose of it to the Party, and if she pays 46.4 million won with the purchase price, he/she will transfer ownership at the same time as the purchase price,” and paid the Defendant KRW 1 million on the same day as the purchase price, KRW 3.64 million on the same day, KRW 3.64 million on August 1, 201, KRW 20 million on August 4, 201, KRW 46.4 million on August 12, 2011, KRW 17.4 million on August 12, 2011, and KRW 6.4 million on the same day.
B. On September 17, 2011, the Plaintiff purchased 330 square meters (hereinafter “instant land”) prior to D’s location, which has a better location than that of the said real estate, from the Defendant, and instead, received another proposal that “on the other hand, the Plaintiff would receive the said money if he/she paid an additional amount of KRW 6,600,000,000, which is the difference in trading prices, and would make the registration of ownership transfer at the same time,” and paid the Defendant KRW 6,60,000 to the Defendant on September 29, 2011.
C. However, in fact, the Defendant did not have the right to own or dispose of the land of this case so far to the Plaintiff. Ultimately, the Defendant was indicted for fraud and is currently under criminal trial on August 18, 2015 due to the fact that the Defendant acquired the ownership of the land of this case from the Plaintiff on August 18, 2015 (= KRW 46.4 million) by fraud.
The sales contract prepared by the Plaintiff and the Defendant with respect to the instant land on September 17, 201 states that KRW 46.4 million out of KRW 53 million in the purchase price and KRW 6.6 million in the remainder. According to Article 4 of the sales contract, “if the seller is in breach of contract, he/she shall compensate the buyer for the double amount of the down payment with the penalty, and if the buyer is in breach of contract, the right to request the return shall be deemed as the penalty and the down payment shall be lost.”
[Reasons for Recognition] There is no dispute, and each entry number of Gap 1-5.