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1. The Defendant’s KRW 67,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2010 to July 6, 2016.
Reasons
1. Facts of recognition;
A. On May 5, 2010, the Plaintiff entered into a sales contract with the Defendant on the following terms (hereinafter “instant resale contract”) with regard to the right to sell real estate in Gangseo-gu Busan Party E, which is provided as the resettlement site, if a building D located in Gangseo-gu, Busan, which is owned by the Defendant in advance, is expropriated in the Korea Land and Housing Corporation. The Plaintiff paid the purchase price in full to the Defendant until May 19, 2010.
Of the purchase price of KRW 67 million, KRW 7 million / Of May 5, 2010, KRW 13 million / Of the payment made on May 5, 2010, KRW 47 million / The payment made on May 6, 2010 / the payment made on May 19, 2010 to be made by the purchaser on one occasion to the remainder.
Article 7 If the seller or the purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.
In addition, the parties to the contract may claim the other party to compensate for the loss caused by the cancellation of the contract.
B. On the other hand, on May 14, 2010, the Plaintiff entered into a sales contract with the Deceased on the same terms as the sale right resale contract of this case with the Defendant’s arbitration, and if the Deceased is in a bad condition, the Plaintiff again entered into a sales contract with the content that he/she compensates the Plaintiff twice the down payment and the payment amount of the purchase price (hereinafter “the most recent sales contract of this case”) and signed and sealed by the Defendant as
C. After that, on September 7, 201, a building owned by the Deceased was expropriated on the ground, and the heir F was sold in lots in Gangseo-gu Busan Metropolitan Government G G site (hereinafter “instant resettlement site”). D.
However, the above F and the Defendant refused to implement the procedure for changing the name of the buyer regarding the instant land of this case, and the Plaintiff, on March 12, 2015, issued by Busan District Court 2015Gahap42196, against the Defendant, etc., to sell the land of this case.