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1. The Defendant’s KRW 133,285,435 as well as 5% per annum from June 25, 2018 to November 8, 2019 to the Plaintiff.
Reasons
1. On June 14, 2016, the Plaintiff, upon receipt of the duty to return the deposit, was obligated to pay the Plaintiff the deposit amount of KRW 140,000,000 and interest from June 25, 2018 to the day of complete payment, with D Apartment E (hereinafter “instant real estate”) located outside of C and five parcels of land (hereinafter “instant real estate”). The Plaintiff paid the deposit amount to the Defendant around that time. The fact that the Plaintiff delivered the instant real estate to the Defendant on the expiration date of the said deposit period, based on the entire pleadings, cannot be acknowledged, or there is no dispute between the parties, on the following grounds: the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 140,00,000 and the interest from June 25, 2018 to the day of full payment.
2. The Defendant’s assertion asserts that the amount of KRW 58,430, and KRW 50,000 should be deducted from the pre-tax deposit to be returned to the Plaintiff by December 5, 2018 from the pre-tax deposit amount to be returned to the Plaintiff.
First of all, as seen above, the Plaintiff delivered the instant real estate to the Defendant on or around June 2018, and according to the evidence No. 1-2 of the evidence No. 1-2, the unpaid amount of management expenses up to June 2018 is recognized as constituting 341,490. Thus, the above KRW 341,490 should be deducted from the pre-tax deposit to be returned to the Plaintiff by the Defendant.
This part of the defendant's assertion is justified within the scope of the above recognition.
Next, according to the result of the appraisal commission with regard to the cost of restitution, it can be acknowledged that the cost of restitution for the real estate in this case was required for KRW 6,373,075 as the cost of restitution for the real estate in this case. The other evidence submitted by the defendant alone is insufficient to deem that the cost of restitution for the real estate in excess of the above amount reaches KRW 50,00,000. Thus, the above KRW 6,373,075 should be deducted from the deposit to be returned to the plaintiff by the defendant.
This part of the defendant's assertion is within the scope of the above recognition.