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1. The Defendant’s KRW 42,500,000 and KRW 27,500 among the Plaintiff’s KRW 5% per annum from August 6, 2008 to March 3, 2014.
Reasons
1. Facts of recognition;
A. The Defendant, while operating a secondhand shop in the Seoul Jung-gu Housing Site Development Zone, concluded a contract with SP Corporation that promotes the housing site development project in the said zone and voluntarily relocated the said zone. Accordingly, on May 29, 2008, the Defendant received a third-class eligible decision on the right to occupy the housing site or the right to share of 16.5 square meters in the land for neighborhood living facilities (hereinafter “instant right to sell the housing site”).
B. On August 6, 2008, the Defendant concluded a sales contract for the right to sell the instant sales price of KRW 27.5 million with the Plaintiff (hereinafter “sales contract for the right to sell the instant sales price”). Of the special terms, the Defendant, as the seller, would actively respond to the sale of the commercial buildings and would receive the winning after the winning of the sale of the commercial buildings, the Plaintiff, the buyer, paid the down payment under the name of the Defendant when the distribution of the commercial buildings becomes final and conclusive after the winning of the sale contract, and the Defendant agreed to transfer the down payment to the Plaintiff at the same time. This agreed to apply mutatis mutandis to the time when the right
(hereinafter referred to as “instant agreement”). C.
In addition, among the special terms and conditions of the above sales contract, Paragraph 4, the defendant did not make a double transfer to a third party until the transfer of name is completed after the sales contract was concluded, and if the contract violated them, the amount set forth in the separate sheet shall be compensated, and the content thereof shall be notarized. The defendant agreed to transfer the sales right of this case to the plaintiff, and if the contract violated it, he agreed to compensate the plaintiff for the amount of KRW 70 million and bear civil and criminal liability.
On the date of the above contract, the Plaintiff paid the Defendant the above KRW 27.5 million with the purchase price for the sale right, and notarized both the sales contract of the instant sales right and the letter attached thereto.
E. Meanwhile, the defendant is prior to the conclusion of the above sales contract.