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1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from July 8, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The registration of creation of a neighboring mortgage under the name of H, I, and J was completed with respect to the pertinent real estate with a maximum debt amount of KRW 100,000,000 with respect to D miscellaneous land in Gyeonggi-gun, Gyeonggi-do, which was owned by C, KRW 2,509 square meters, KRW 1,031 square meters for E miscellaneous land, KRW 2,575 square meters for F miscellaneous land, and KRW 1,359 square meters for G1,359 square meters (hereinafter “instant real estate”).
B. C died in around 1998, and four persons, including the Defendant and the Defendant’s East C inherited the Deceased.
K on March 4, 2005, the remainder payment date of the above four parcels of land was set on July 30, 2005, and sold at KRW 70,000,000, but it entered into a sales contract with the purpose of cancelling the registration of the establishment of a mortgage on the above land prior to the remainder payment date.
C. L filed a lawsuit against the defendant et al. on the ground that the four persons including the defendant et al. did not comply with the procedure for the registration of ownership transfer of the above land even though L had paid the purchase price in full by January 3, 2006 (Korean Government District Court Decision 2007Da36223). On October 9, 2007, the above court sentenced L et al. to implement the procedure for the registration of ownership transfer on the above land as of March 4, 2005.
L receives KRW 100,000,000 by March 5, 2010, and transfers all rights under the contract of March 4, 2005 to four persons including the defendant, etc.
“As of February 5, 2010, according to the letter of confirmation and the above letter of confirmation, “A” was respectively drawn up on March 5, 2010 with the content that the above KRW 100,000,000 was received on February 10, 2010, and that all rights based on the above contract would be waived.
The Defendant paid L, on February 10, 2010, KRW 10,000,00 to L, and KRW 13,000,000 on February 11, 2010 to the Plaintiff’s M, and KRW 15,00,000 on February 26, 2010, and KRW 15,000,00 on March 8, 2010, respectively, to the Plaintiff.
E. Around February 2010, the Defendant entered into a sales contract with N to sell the instant 1 and 2 real estate. The Defendant received KRW 30,000,000 on October 10, 201 as the sales price, as well as the sales price from that date until October 2010.