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1. The defendant shall pay 200,320,000 won to the plaintiff and 20% per annum from October 22, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On January 7, 2011, the Plaintiff entered into an exchange contract with the Defendant, under which the ownership of 303 Dong-dong C Building 2 (hereinafter “303”) owned by the Defendant was transferred from the Defendant and the Plaintiff was entitled to dispose of to the Defendant, the Plaintiff entered into an exchange contract with the Defendant, under which the ownership of 198m2 and 6,156m2 (hereinafter “F land”) is transferred during the period of transfer of ownership of the land of 198m2 and E return 6,156m2 (hereinafter “the Plaintiff’s total land”).
The Plaintiff and the Defendant, at the time, set forth the value of KRW 303 billion (including KRW 230,000,000,000 for a new bank loan, which is a collateral obligation against the collateral security).
B. On February 9, 2011, the Plaintiff completed the registration of ownership transfer based on the purchase and sale as of January 7, 201 with respect to 303, the Plaintiff spent KRW 30,320,00,00, including acquisition tax, education tax, special rural development tax, revenue stamp tax, court increase zone, and bond purchase cost, and KRW 29,775,50,000, including KRW 54,500, and KRW 544,500.
C. However, G, on January 21, 2011, completed the provisional registration of the right to claim ownership transfer on the ground of a trade promise from the Defendant around January 20, 201, and completed the registration of ownership transfer on the ground of sale as of February 5, 201, following the completion of the registration of the right to claim ownership transfer as of January 20, 201. Accordingly, the Plaintiff’s registration of ownership transfer was cancelled ex officio on May 23, 201.
On June 16, 2011, the Defendant filed a lawsuit seeking the cancellation of the ownership transfer claim registration and the ownership transfer registration, which was completed in relation to G 303 as the Suwon District Court Branch Branch 201Gadan27232, against G, and accordingly, the prior notice registration for the cancellation of ownership was completed on June 24, 201.
In the above lawsuit, the above court rendered a favorable judgment of the defendant around July 18, 2013, but G appealed against this and appealed, and is still pending in the appeal court.