1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 2001, the Plaintiff sold D Apartment No. 105 and 404 (hereinafter “instant apartment”) from CHousing Redevelopment Association (hereinafter “instant apartment”).

B. On November 7, 2001, the Plaintiff agreed to sell the instant apartment to the Defendant the sales right of KRW 23 million and agreed to receive the down payment of KRW 12 million on the date of the contract, and the remainder KRW 11 million on the date of the contract, respectively, on December 7, 2001.

(The date of preparation of the above resale contract and the date of transfer of the above sale right under the sale contract of apartment of this case is December 7, 2001, but the balance payment date under the above resale contract is December 7, 2001, and the receipt for the down payment of 12 million won was made as of November 7, 2001, etc., the above sale right resale contract seems to have been concluded on November 7, 2001, which is not the date of preparation under the contract). [Grounds for recognition]] The fact that there is no dispute, Gap 2, 8, Eul evidence, Eul evidence 1, and the purport of the whole pleadings [the defendant alleged that Gap 2 (the apartment sale right resale contract of this case) was prepared formally in preparation for the plaintiff's non-performance of the obligation to sell the apartment of this case, but the evidence of Eul 1 alone is insufficient to acknowledge the above assertion otherwise.]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the price of KRW 23 million for resale of the above parcelling-out right and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 24, 2003 to August 27, 2013, the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.

B. As to the defendant's defense, since the defendant asserted that the claim for the resale price has expired by prescription, it was concluded on November 7, 2001 that the due date of payment of 12 million won out of the resale price was agreed on December 7, 2001, and that the remaining 11 million won due date of payment was December 7, 2001, and the lawsuit of this case is filed.