Text
1. Defendant B’s KRW 30 million and the Plaintiff’s 5% per annum from July 1, 2013 to November 13, 2017.
Reasons
1. Basic facts
A. On August 23, 2007, the Plaintiff decided to purchase a road of KRW 9,5,000 from the Defendant for purchase of KRW 75,00,000,000 for the purchase price of KRW 25,000,000 and the intermediate payment of KRW 5,000,000,000. However, on September 2007, the said sales contract was revoked, and the Defendant sold the said land to others on October 13, 2009.
B. On January 15, 2013, with respect to the return of the above purchase price of KRW 30 million, the Defendant prepared and executed a promissory note No. 30 million at par value to the Plaintiff on August 15, 2013, the date of issuance, August 23, 2007, and June 30, 2013.
C. On June 29, 201, the Defendant, etc., who was the repurchase right holder, filed an application for the purchase of the instant land in accordance with the sales guidance of the Gyeonggi-gu Sports Headquarters Gyeonggi-gu Sports Facilities Center’s Gyeonggi-gu Sports Center’s sports facilities co-ownership by Defendant F and used it as a military unit in the 1970s. In the 2010s, there was a debate on the sale of the said land in accordance with the military unit relocation plan, and the heir of F including the Defendant, etc., who was the repurchase right holder filed an application for the purchase of the instant land in accordance with the military unit relocation plan.
Meanwhile, the instant repurchase right holders: (a) formulated a plan to carry out apartment construction projects by repurchaseing the instant land, etc.; (b) selected G Co., Ltd. as joint business operators; and (c) the Defendant and H entered into a joint agreement with G on behalf of the repurchase right holders, around 2016, on behalf of the repurchase right holders.
According to the above joint project contract, the appraised value of the repurchase land shall be KRW 30 billion, but G shall pay the direct redemption price on behalf of the repurchase right holders, and the remainder of the redemption price, other than the redemption price, shall be paid to the repurchase right holders, and the repurchase right holders shall pay the redemption price in full, and when acquiring the ownership of the above land, the repurchase right holders shall implement the trust registration procedure as to the above land.
E. Since then, on July 19, 2016, the 2,177,671 of the purchase price with respect to the land and above-ground buildings in the Republic of Korea (Ministry of National Defense) and the instant land and above-ground buildings, etc.