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1. Defendant KM Industry Development Co., Ltd.: (a) KRW 117,00,000 to the Plaintiff; and (b) from December 31, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On September 1, 2005, the Plaintiff entered into a sales contract with Defendant K Industry Development Co., Ltd. (hereinafter “Defendant K”) on the first floor (A) No. 106 of B and eight lots of land C commercial buildings on the ground (hereinafter “instant building”), including B and 8 lots of land (hereinafter “instant building”) with the sales price, and paid KRW 117,000,000,000 for the subscription price.
B. On September 30, 2005, in order to raise funds for the construction and sale of the above commercial building, Defendant K Co., Ltd entered into a real estate security trust agreement with the KF real estate trust company on the land of the above commercial building.
C. The Defendant K did not complete the construction of the instant building, and thereafter, the instant building was completed and the registration of ownership preservation was completed on May 9, 2009, and the ownership was transferred to the K non-Real Estate Trust Co., Ltd. on January 13, 201.
The above sales contract between the plaintiff and the defendant K was cancelled at around 2009.
E. On August 30, 2012, Defendant A purchased the instant building and acquired its ownership in the auction procedure executed by the KF real estate trust company.
2. As a result of restitution following the cancellation of the above sales contract against the Defendant K, Defendant K shall pay to the Plaintiff KRW 117,00,000 as well as damages for delay at the rate of 20% per annum from December 31, 2014 to the day of complete payment, which is the day following the delivery of the complaint against the said Defendant.
3. Claim against Defendant M&D
A. The plaintiff acquired the above building by public sale under the condition that "if the above defendant has a legitimate seller who can claim the right to sell the building in lots, the purchaser shall pay and settle all legal disputes arising from the seller and the purchaser's burden and responsibility." Thus, the plaintiff shall return the above 117,00,000 won to the plaintiff who is a legitimate seller.