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1. The Defendant’s KRW 494,425,430 as well as the Plaintiff’s annual rate of 5% from January 31, 2016 to July 25, 2016, and the following.
Reasons
1. Facts of recognition;
A. On March 1, 2012, the Defendant was a company that engages in the sale, lease, etc. of real estate. On March 1, 2012, the Defendant leased the third floor No. 301 of the D building 301 (hereinafter “instant building”) owned by the Defendant to C in the amount of KRW 100 million, monthly rent of KRW 2.4 million (excluding value-added tax).
(hereinafter “instant lease agreement.” From March 30, 2012 to March 30, 2014, the term of the instant lease agreement was from March 30, 2012 to March 30, 2014. The Defendant exempted the Plaintiff from rent from April 2012 to June 2012, and C paid only six-month of rent from July 2012 to July 13, 2013.
B. On July 22, 2013, the Plaintiff purchased the instant building from the Defendant in KRW 519,400,000 (= value-added tax of KRW 29,400,000) (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Plaintiff on July 25, 2013.
On July 24, 2013, the Plaintiff paid KRW 23,635,430, including acquisition tax, to a certified judicial scrivener E in order to complete the registration of ownership transfer.
C. On August 31, 2013, the Plaintiff agreed to succeed to the instant lease agreement with C, and the term of the contract was as in March 30, 2014 as in the previous case, and the rent as in July 2013 was paid to the Defendant, and was paid to the Plaintiff from August 2013.
In the event that F, as the Plaintiff’s wife, was not paid as the tea in August 2013, the F, which was acting for the instant sales contract, did not appear to be the tea on September 12, 2013, and C was unable to pay the tea due to the difficulties in the management of the EF, which was operated by the instant building, and C was not paid several times prior to that.
E. On the same day, F sought G, the representative director of the Defendant, and the Plaintiff purchased the instant building with a stable income for livelihood of old age. The Plaintiff asserted that the building was sold without notifying the Defendant that the building was unpaid.