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1. The Defendant shall pay to the Plaintiff KRW 41,50,000 and the interest rate of KRW 15% per annum from March 29, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. C was delegated to sell and purchase forest land E, 65,684 square meters in Namyang-si, which was owned by the above clan clans Association (hereinafter “D”) with D clans Association, and sold the said land to another person by dividing it. However, with respect to the land divided up until the purchase price is paid, D clans Association agreed to dispose of the said land in a manner of directly completing the registration of ownership transfer for the purchaser.
B. Around November 17, 2008, the Plaintiff’s agent: (a) entered into a contract to purchase KRW 567 million of the E Forest land of KRW 65,684 square meters (hereinafter “instant land before the instant partition”); and (b) paid KRW 20 million to C as the down payment on the same day.
C. The land before the instant partition was divided into G and H on November 6, 2009, and the G land was divided into G and H on November 9, 2009, and the H land was completed on November 6, 2009 to J on November 6, 2009.
Since then, on August 20, 2009, the Defendant paid 35 million won from the Plaintiff for civil engineering design and construction design (including design modification and incidental expenses). On January 18, 2010, the Defendant received KRW 10 million for intermediate payment, and KRW 30 million on March 15, 2010 for intermediate payment.
E. On March 1, 2011, the Defendant, on behalf of the Plaintiff, changed the instant first contract with D Sejong on behalf of the Plaintiff, into a contract under which the Plaintiff would sell KRW 1652m2 (hereinafter “instant land”) for the purchase price of KRW 240 million at the two weeks divided from the land prior to the division into the land prior to the division (hereinafter “instant second contract”). Around March 1, 201, the Defendant agreed that the purchase price received under the instant first contract shall be the purchase price for the instant second contract.
F. Around July 2013, the Defendant decided to cancel the instant secondary contract with K on behalf of D Branch on behalf of D Branch, and received land price by November 20, 2013.