1. The Defendant: (a) KRW 40 million to the Plaintiff; and (b) 5% per annum from November 7, 2012 to July 11, 2016; and (c) July 12, 2016 to the Plaintiff.

Facts of recognition

Unregistered resale and lease of the instant officetel C had been newly constructed on the land outside the Do of Kuri-si, the business facilities of the 2nd underground floor, the 15th ground floor and the 15th neighborhood living facilities. On February 2, 2001, the registration of preservation of ownership was completed in the C future upon the application of subrogation with respect to B on February 2, 2001.

C around June 24, 1999, around E sold B No. 1404 (hereinafter “instant officetel”) to E in the amount of KRW 75,60,000,000 for the sale price, but the E did not complete the registration of ownership transfer.

E around October 28, 2001, the officetel of this case was leased to F with a deposit of KRW 30,000,000 and the lease period of the officetel from October 28, 2001 to December 12.

E around December 13, 2001, when transferring the instant officetel to the Plaintiff instead of paying the existing debt, the Plaintiff agreed to acquire the F’s lease deposit repayment obligation, and the Plaintiff did not complete the registration of ownership transfer.

On May 11, 2005, the Plaintiff: (a) transferred the instant officetel to the Defendant; (b) the Defendant, by disposing of the instant officetel in the future, deducted the F’s deposit amount of KRW 30 million and other expenses; and (c) agreed to pay KRW 15 million to the Plaintiff within 30 days from the date of purchase of land.

(hereinafter “this case’s transfer agreement”). With respect to the instant officetel for the acquisition of a third party’s ownership and the refund of the Plaintiff’s deposit for the lease deposit against F, the instant officetel for the acquisition of ownership by the third party and the refund of the Plaintiff’s deposit shall complete the registration of the right to claim ownership transfer on February 23, 201, which was immediately after the completion of the registration of ownership transfer, G and H’s provisional registration, and the I transferred the said provisional registration completed the principal registration on May 19, 2005.

For this reason, E, the Plaintiff, and the Defendant were unable to acquire ownership due to the non-registration of the instant officetel’s disposal right, and lessee F was also unable to oppose the right of lease, and the instant officetel was handed over to I around August 9, 2010.

The FF is the District Court against the plaintiff and the defendant.