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1. The Defendant’s KRW 157,950,00 for the Plaintiff and KRW 5% per annum from December 12, 2018 to November 10, 2019.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) performed the business of constructing and selling E shopping mall (hereinafter “instant shopping mall”) from D and 46 parcels in Jung-gu Seoul, Jung-gu (hereinafter “Seoul”)
B. Around January 2004, C concluded a substitute contract with F Co., Ltd. (hereinafter “F”) for the instant business and entrusted F with the payment management of the sale price and the transfer registration of ownership.
C. 1) On October 20, 2004, the Plaintiff concluded each of the following sales contracts with C on the shopping mall of this case. The Plaintiff received contract number 253,00,000,500 H 1126,500,000 J 11126,50,000 J 3121,21,00,000 L 3121,000,3121,000 L 3121,000,3121,000,000 L 3121,121,000,000,3121,000 M 3121,121,00,000,3121,000,000 or more from the end of 204, with the payment of the intermediate payment and part of the intermediate payment from the NE Co., Ltd. (hereinafter “formerly changed NE”).
As above, when entering into a loan agreement with N, those who received a collective loan from the part payments have prepared a letter of commitment that “if the sale contract is cancelled or terminated or the contract is cancelled and the sale price already paid is to be refunded, the refund money shall be appropriated for the N’s obligations (the executor or the contractor agrees without any objection at the time of direct repayment to N).”
After the completion of the shopping mall of this case, registration of preservation of ownership was completed on January 16, 2006 under C, and between N and other financial institutions, etc., the truster C, F, and priority beneficiary as the above financial institution, entered into a real estate management trust agreement on the portion of exclusive use of the shopping mall of this case, and the registration of ownership transfer was completed under the name of F with respect to the portion of exclusive use of the shopping mall of this case.
E. The shopping mall of this case opened around April 22, 2006, but its business activities are properly conducted due to low sales rate and rental rate.