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1. The Defendant shall pay KRW 100 million to the Plaintiff KRW 5% per annum from May 13, 2006 to January 21, 2016, and from the next day.
Reasons
1. The facts of recognition: (a) on December 20, 2005, the Plaintiff entered into a sales contract with the Defendant on December 20, 2005, under which the Plaintiff would sell 6.161/120 of shares of 6.120 square meters (hereinafter “instant real estate”) out of Gyeonggi-gun B 27,869 square meters of forest land (hereinafter “the instant real estate”) to KRW 100 million; (b) on May 12, 2006, the Plaintiff entered the purchase price into an agreement with the Defendant to receive payment on May 32, 2006 (hereinafter “the instant sales contract”); and (c) on December 30, 2005, the Plaintiff completed the registration of ownership transfer for the instant real estate on December 29, 2005, which was the day before the completion date of the registration of ownership transfer; and (c) on December 29, 2005, the Defendant did not enter the Plaintiff’s payment of KRW 100 million to May 12, 20006.
2. Determination
A. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 100 million of the instant real estate purchase price and its delay damages in accordance with the instant sales contract and the instant payment note.
B. On May 17, 2004, the Defendant asserted that the Plaintiff purchased the instant real estate amounting to KRW 50 million, and thereafter, on May 26, 2004, the Defendant sold KRW 200,000 per square year at the time of completion of the permission for the development of the pertinent site to the Defendant on May 26, 2004. Thus, the instant real estate purchase price should be calculated again as KRW 50,00,000, which is the first purchase price of the Plaintiff.
However, in light of the fact that the instant sales contract and the instant letter of rejection of the instant payment made between the Plaintiff and the Defendant, it is difficult to view that the instant real estate sales price should be re-calculated solely on the sole basis of the Defendant’s assertion, and there is no other evidence to support this.
The defendant's argument is with merit.