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1. The Defendant’s KRW 130,000,000 as well as 5% per annum from April 12, 2016 to November 30, 2016 to the Plaintiff.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings, either of the parties to the dispute or of Gap evidence Nos. 1, 2, 3, 4, and 5.
On June 25, 2015, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from C on June 25, 2015, and completed the registration of ownership transfer on June 29, 2015.
On the other hand, the provisional registration of the name D was completed on September 24, 2015 with respect to each of the instant real estates.
B. Around September 2015, the Plaintiff and the Defendant agreed to remodel the instant building and purchase the instant building from the Plaintiff. Accordingly, the Plaintiff paid KRW 130 million in total to the Defendant on September 24, 2015, KRW 25 million on October 7, 2015, KRW 25 million on October 8, 2015, and KRW 130 million on October 8, 2015.
C. Following the agreement, on February 27, 2016, the Plaintiff concluded a sales contract with the Defendant to sell each of the instant real estate in KRW 1.02 million (hereinafter “instant sales contract”). Of the sales price, the Plaintiff agreed to pay the down payment of KRW 150 million as of March 15, 2016, and to pay KRW 620 million as of each of the instant real estate (the Central Saemaul Depository) and KRW 80 million as to each of the instant real estate, and to pay the remainder of KRW 200 million prior to April 28, 2016.
The terms and conditions of the instant sales contract are as follows.
1. Sales proceeds include loans of KRW 620 million, KRW 80 million for lease on a deposit basis for E hall, KRW 300 million for establishment of provisional registration D, and KRW 20 million for interest from September 2015 to April 2016.
The interest of the Central Saemaul Depository of the building of this case shall be borne by the defendant from the date of preparation of the contract to April 2016, and all the problems arising from the unpaid payment shall be borne by the defendant
2. The defendant is against the plaintiff.