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1. The Defendant’s KRW 78,758,424 as well as the annual rate of KRW 5% from April 1, 2015 to May 18, 2017, and the following.
Reasons
1. Facts of recognition;
A. On June 6, 2012, the Plaintiff entered into a real estate transfer and investment contract (hereinafter “instant investment agreement”) with respect to the total sum of 3,957 square meters of land size in the Incheon-gun, Incheon-gun, Incheon-gun, which is owned by the Plaintiff (i.e., the aforementioned D forest land was divided into 1,497 square meters and 12 lots), and the main contents thereof are as shown in the attached Table.
B. The non-party company developed the portion equivalent to 2,356 square meters among the real estate subject to the instant investment agreement and newly built the pentle (hereinafter “instant housing complex”) on its ground. The Plaintiff completed the registration of initial ownership as to the instant housing complex in its name from March 3, 2014 to March 31, 2015.
C. On March 6, 2015, the Plaintiff concluded a sales contract with the Defendant (hereinafter “each sales contract of this case”) with the following terms, while the land transfer price under the instant investment agreement was not paid due to the failure to sell the instant housing complex.
1. Sale object: The payment date of the price for the sale of the total amount of 179,50,000 won (including value-added tax 12,200,000 won on a building): The sale price for the sale subject to the above E large scale 197 square meters and the 263 square meters on that ground: The sale price for the single house with the 197 square meters and the 263 square meters on that ground, and the 1/10 of the 179,50,000 square meters on that ground (including value-added tax 12,20,000 won on the building): the payment date for the temporary payment on March 30, 2015.
D. Based on each of the instant sales contracts, on March 31, 2015, the registration of transfer of ownership in the name of the Defendant was completed on March 6, 2015 with respect to each of the said sales items.
E. On March 31, 2015, the Defendant paid to the Plaintiff KRW 255,841,57 as part of the sales price of the instant building ( KRW 147,920,086, KRW 107,921,490), and thereafter, the Plaintiff paid the value-added tax on each of the instant buildings from the Defendant.