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1. The Defendant: 5% per annum from October 31, 2007 to August 30, 2013, and from August 31, 2013 to the Plaintiff.
Reasons
1. With respect to the Plaintiff’s claim against the Defendant for the return of KRW 280,00,000 or KRW 82,807,00 as set out in the following paragraphs 2 and 3, the Defendant shall set forth the following 3-A.
It is not a party to the exchange contract mentioned in the paragraph, and there is no standing to seek the return of the said money, and even if the Defendant sought the return of the said money as the heir of the deceased C (the deceased on June 15, 2009, hereinafter “the deceased”), who is the husband, the Defendant renounced his inheritance, and thus, the said money has no standing to be a party.
In a lawsuit for performance, the plaintiff's standing as a party itself in the lawsuit for performance is replaced by the judgment of propriety of the claim. Thus, since the plaintiff's standing as a party itself in the lawsuit for performance is absorbed into the judgment of propriety of the claim, the plaintiff who asserts his/her right to claim performance is a legitimate defendant (see, e.g., Supreme Court Decisions 88Meu26499, Jul. 25, 1989; 92Da11848, Jun. 12, 1992). Accordingly, the plaintiff is a legitimate plaintiff, and therefore, the defendant's defense of safety is without merit.
2. Judgment as to the primary cause of claim
A. On October 2, 2006, the Plaintiff purchased 2569m2 (hereinafter “instant land”) from Kimpo-si, Kimpo-si, Kimpo-si, and held a title trust with the Defendant. On October 2, 2006, the Plaintiff entered into a contract with the Defendant to exchange the instant land and the Defendant’s f. 1485m2 (hereinafter “instant real estate”). Under the said exchange contract, the Plaintiff paid 180,000,000 won out of the principal and interest of the instant real estate to Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) on behalf of the Defendant pursuant to the said exchange contract. Moreover, the Plaintiff sold the instant land to Seopo-si Construction (hereinafter “Scar Construction”) and paid 10,000,000 won to the Defendant.