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1. The defendant shall pay 125,00,000 won to the plaintiff and 12% per annum from January 17, 2020 to the day of complete payment.
Reasons
Basic Facts
Jeju-si 117 square meters (hereinafter “instant land”) are land owned jointly with E 4/19 shares, F 8/19 shares, and G 7/19 shares.
H Co., Ltd. (hereinafter “I”). Meanwhile, on December 24, 2015, the Plaintiff purchased 4/19 shares in the instant land from E in KRW 240,00,000 from December 24, 2015.
(hereinafter “instant initial contract”). From the payment of the down payment of KRW 20,000,000 to E on December 24, 2015, I paid the purchase price of KRW 177,00,000 in total from November 1, 2016.
(Plaintiff claimed that KRW 197,00,000 was paid, but the amount confirmed as the transaction details of passbook No. 8 is KRW 177,00,000. The Defendant purchased KRW 505,80,000 in total from F and G on June 29, 2017.
In addition, the defendant purchased 4/19 shares owned by E on the same day.
On July 5, 2017, the Plaintiff and the Defendant entered into an agreement with the following contents, and entered into a real estate consulting service agreement:
(hereinafter “instant agreement”). The payment date of consulting services: 125,00,000 won: After the payment of the remaining amount of real estate sale and purchase, the balance shall be paid after deleting all the causes for restricting rights, such as the sale and purchase of the instant land and the right to collateral security, provisional seizure, provisional disposition, etc. on the registry at the time of transfer of ownership, and the remaining amount shall be liable for all the acts related to the sale and purchase of the instant real estate, including ownership,
The Plaintiff was refunded KRW 100,000,000, out of the purchase price between I and E around June 30, 2017.
I, after having entered into the instant first contract on December 24, 2015 by E, did not perform an obligation to cancel the registration of provisional seizure and mortgage registration established for the share of the instant land, and thus rescinded the said sales contract.