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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against the Plaintiff against the Plaintiff, Suwon District Court Decision 2007Gapo34202, which decided on April 16, 2008, that “the Defendant shall pay to the Plaintiff 20 million won and interest rate of 20% per annum from December 31, 2008 to the day of full payment,” and the above judgment became final and conclusive on May 22, 2008.
B. On September 2, 2014, the Defendant purchased the right to sell the real estate listed in the separate sheet (hereinafter “instant apartment”) from C, with the purchase price of KRW 310 million, and the down payment of KRW 10 million shall be paid on September 16, 2014 at the time of the contract, and the remainder of KRW 30 million shall be paid on September 16, 2014, and the following matters shall be determined as follows:
(hereinafter “instant sales contract”). 1. This contract is a sales contract under the status of a right of sale and is a contract under which the buyer confirms on-site inspection and all documents.
1. The sales price (310,00,000 won) is the sum of the premium (106,960,000 won) (4,400,000 won) paid for the remainder of 35% (106,960,000 won for the intermediate payment of KRW 5% 15,280,000).
1. Of any balance, the buyer succeeds to 60% of the intermediate payment loans from a national bank (183,360,000 won) and any balance to be paid to the construction company in the future (106,960,000 won) and 9,600,000 won are settled in cash.
1. 7,00,000 won out of the down payment shall be transferred by account transfer not later than the third day of the same month; and
1. The seller shall refer to the buyer's transfer of ownership and all related rights and obligations to the buyer simultaneously with the balance;
1. Other matters shall be governed by the Civil Act and the ordinary practice of selling and purchasing apartment tickets.
C. On October 21, 2014 with respect to the instant apartment, the registration of ownership preservation under the name of the D District Housing Redevelopment and Improvement Project Association was completed, and the Defendant completed the registration of ownership transfer for the instant apartment on December 4, 2014, based on sale on May 6, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3.