1. The Defendant shall pay to the Plaintiff KRW 117,50,000 and the interest rate of KRW 12% per annum from March 19, 2019 to the date of full payment.

1. Basic facts

A. Upon the Defendant’s recommendation, the Plaintiff purchased 1/2 shares out of 2,177 square meters of Kimhae-si, Kimhae-si’s Do-si (hereinafter “instant real estate”). The Plaintiff completed the registration of ownership transfer under the Defendant’s name on April 7, 200 because the Plaintiff did not have the qualification certificate for acquisition of farmland.

B. On April 22, 2004, the Defendant sold the instant real estate to D without the Plaintiff’s consent, and the Plaintiff raised an objection with the knowledge of the above facts around April 2016. On August 2016, the Defendant agreed to pay KRW 150,00,000 to the Plaintiff in return for the arbitrary sale of 1/2 equity shares of the instant real estate, and the Defendant completed the registration of creation of a mortgage over the instant real estate owned by the Defendant as the Defendant’s child on August 19, 2016, with respect to the obligor, the obligee, the Plaintiff, the maximum debt amount of KRW 150,00,00 for the instant real estate and the instant real estate at KRW 397,00,00.

However, on November 6, 2018, the establishment registration of the neighboring mortgage was cancelled ex officio by the registrar due to the execution of the provisional registration right which was established in priority order.

C. Meanwhile, the Plaintiff sent the content-certified mail requesting the Defendant to repay the above KRW 150,00,000 each time on January 11, 2017 and February 16, 2017 to May 31, 2017, and the Defendant repaid the Plaintiff KRW 32,50,000,000, in total, on seven occasions from March 30, 2017 to January 31, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 17,50,000 won (=150,000,000 won - 32,500,000 won) accrued out of the agreed amount of KRW 150,00,000 and damages for delay calculated at the rate of 12% per annum from March 19, 2019 to the date of full payment, as the plaintiff seeks.

B. As to this, the defendant will enter the debtor in E at the time of establishing the right to collateral security concerning real estate owned by the defendant.