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1. The Defendant’s KRW 75,439,33 of the Plaintiff and its related KRW 5% per annum from November 28, 2013 to February 11, 2014.
Reasons
1. Facts of recognition;
A. On September 2007, the Plaintiff received an investment proposal from the Defendant to the land development project of C, a corporation, the representative director of which is the Defendant, and paid KRW 12 million as the purchase price of the land to the Defendant.
B. On May 23, 2008, the Defendant concluded a sales contract with D to purchase each land E and F (hereinafter “instant land”) from D in the name of non-G and one other, and paid D the total of KRW 20 million on the same day as the down payment, KRW 26 million on May 26, 2008, KRW 40 million on the part payment, and KRW 150 million on June 25, 2008, KRW 50 million on July 4, 2008, respectively.
C. On July 4, 2008, the Plaintiff and the Defendant confirmed that the Plaintiff paid the Defendant the purchase price of KRW 112 million, and agreed on the instant land as follows:
(1) Since the land of this case can be transferred with the permission of land transaction after obtaining the permission of a manufacturing place under the name of a third party by concluding a contract, the land of this case shall be transferred with the permission of land transaction. Thus, after obtaining the permission of conversion, the transfer of ownership or the sale and settlement shall be made after the permission of conversion, and one-half of
(2) All expenses, such as survey expenses and design expenses, incurred in obtaining permission for diversion shall be paid in advance and settled among the following parts.
Public charges and taxes shall be jointly borne by each other.
(3) If any monetary damage occurs to the money paid by the plaintiff, the defendant shall be compensated.
On September 1, 2008, the Defendant completed the registration of the establishment of a neighboring mortgage with the debtor G on the instant land, obtained loans of KRW 230 million from the Kim Jong-Japan Credit Union, and remitted each of the KRW 168 million to D’s account as the payment of balance, etc., and KRW 57 million to H’s account designated by D.
E. The Defendant developed the instant land and sold it to I in the amount of KRW 700 million on April 3, 2009, and completed the registration of ownership transfer from D on October 27, 2009.
(f).