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1. The Defendant’s KRW 32,923,918 and KRW 20 million among the Plaintiff’s KRW 5% per annum from March 30, 2019 to February 6, 2020.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is a person who owned a building of five-story neighborhood living facilities (hereinafter collectively referred to as “instant real estate”), including the building site and the building thereof, in Daegu Suwon-gu C, 151.4 square meters, and the five-story neighborhood living facilities.
(2) The Defendant is a company conducting real estate development business.
B. (1) The Plaintiff entered into a contract to sell the instant real estate in KRW 2.5 billion to the Defendant.
(hereinafter “instant sales contract”). The remainder of KRW 250 million up to June 22, 2018, and the remainder of KRW 2250 million up to January 21, 2019; however, the remainder of KRW 2250,000 shall be paid by January 21, 2019; however, the payment of delay damages by delay shall be made at a rate of 6% per annum.
(2) In a special contract, the Defendant, at his own responsibility, delivered the instant real estate from the lessee, and had to bear the expenses incurred therein.
If the Defendant pays to the lessee the deposit instead of the deposit, the amount would be substituted for the payment of the purchase price.
(3) In addition to the purchase price, the Defendant determined to pay KRW 20 million to the Plaintiff as “business compensation” (i.e., payment of KRW 20 million in operating compensation).
C. The Defendant paid KRW 2,059,302,466 to the Plaintiff on March 29, 2019, and on the same day, the Plaintiff transferred the registration of ownership transfer of the instant real estate.
(2) The Defendant paid the Plaintiff KRW 95 million on July 29, 2019, and KRW 10 million on September 26, 2019.
(3) On November 26, 2018, the Defendant considered the portion of the deposit KRW 10 million for the lessee of the fifth floor of the instant real estate, ② the deposit KRW 10 million for the lessee of the fourth floor on March 12, 2019; ③ the deposit KRW 40,140,000 for the lessee of the first floor on July 10, 2019.
B, ④ On July 29, 2019, the deposit amount of 25 million won for the lessee of the second floor on July 29, 2019, and ⑤ on July 31, 2019, the deposit amount of 15 million won for the lessee of the third floor on behalf of the Plaintiff.
[Ground of recognition] Unsatisfy, A(1) through (3)