Text
1. The Defendant’s KRW 130 million to the Plaintiff, as well as 5% per annum from February 27, 2013 to October 2, 2013.
Reasons
1. Basic facts
A. C, from around August 2002, around D and E (which was divided into F and G on September 7, 201), had undertaken a new construction work of multi-family housing on the ground, and sold to the Defendant each of the above land and the buildings under construction on the ground around February 2004.
In addition, on February 28, 2004, the defendant completed the registration of ownership transfer for land E in Gangwon-gun, and on April 14, 2004, the debtor of the registration of ownership transfer under the name of a mutual savings bank was changed under the name of the defendant.
B. Around December 2005, the Defendant continued the construction of a new building purchased from C, and completed the construction of a non-Dong building (hereinafter “non-Dong building”) on D and E’s ground.
C. On December 3, 2005, the Plaintiff decided to purchase the non-dong building 301 (hereinafter “301”) from H, and paid 60 million won as down payment and intermediate payment to H on December 30, 2005. On December 30, 2005, the Plaintiff agreed to prepare a sales contract with H on December 30, 2005 with the purchase price of 200 million won (the contract amounting to 10 million won, intermediate payment of 50 million won, and the remainder of 140 million won), and to pay the balance after conducting a completion inspection (hereinafter “instant contract”). D. The Plaintiff paid 30 million won to the Defendant on April 6, 2006 as the purchase price of the non-dong building 302 (hereinafter “30 million won”).
E. The Plaintiff paid to the Defendant KRW 302, KRW 10 million on July 6, 2006, KRW 17,000 on October 17, 2007, and KRW 10 million on October 24, 2007, respectively.
F. On October 17, 2007, the Defendant received KRW 10 million from the Plaintiff with the purchase price of KRW 302,000 from the Plaintiff, and promised to accept additional KRW 10,000,000 to the Plaintiff within three to four days at the early date of the registration of ownership transfer as to subparagraph 302.
G. As to June 302, 2008, registration of preservation of ownership in C was completed due to the commission of registration of provisional disposition of prohibition of real estate disposal (No. 2008Kahap56) in this court.
H. The person who was the mortgagee of January 25, 2008.