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1. The defendant shall pay 39,60,000 won to the plaintiff and 20% per annum from July 11, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into each construction contract with Nonparty D, E, F, and Defendant with respect to the new construction of five units of detached houses on the ground, H, and H, and eight parcels of land (the Defendant entered into a construction contract with the Nonparty Company with respect to the instant detached houses on the ground). On March 23, 2012, upon agreement with the F et al. and five (5) on the interim settlement of the construction cost, the Plaintiff agreed to jointly pay the remainder of KRW 198 million after deducting the total construction cost paid at KRW 42,5,00,000,000 from the total construction cost paid up to the time, KRW 423,00,000,000,000 for each of KRW 39.6 million (hereinafter “instant agreement”).
B. On April 27, 2012, the owner of the instant detached Housing K and L ground detached Housing (hereinafter “instant detached Housing”) was changed to Nonparty M from Nonparty M to Nonparty N, and on January 23, 2013, respectively. On April 12, 2012, Nonparty Company drafted a notarial deed for consumption loan No. 274 of 2012 (hereinafter “notarial deed of this case”) with the content that, between N and N on April 12, 2012, the obligee was the non-party company, the debtor, and the obligee as N, and the amount of KRW 39.6 million agreed on the settlement of construction cost as agreed, shall be repaid until September 28, 2012, and if delay is paid, 30% delay damages shall be paid annually, and if the obligor fails to perform his/her monetary obligation based on this contract, a notary public of law firm, who was aware that there was no objection even if compulsory execution was carried out.
C. On February 8, 2013, the Defendant completed registration of initial ownership relating to the instant detached house.
On the other hand, among the above detached houses, G and H ground detached houses were constructed in the name of Nonparty D, but the actual owner of the building was Nonparty O to the defendant. Nonparty P purchased this amount from O in the amount of KRW 360 million, and on January 23, 2013, the owner of the building changed from D to Nonparty Q, the wife of which was P.
E. Nonparty Company.