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1. The Defendant’s KRW 170,000,000 as well as 5% per annum from December 30, 2016 to November 16, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the defendant's senior mother.
The defendant's father C, on January 9, 2004, at the auction of the Yongsan-gu Seoul Metropolitan Government D's land and constructed multi-household houses on that ground, became insufficient, making it necessary to borrow money from the plaintiff.
B. On June 12, 2012, C entered into a sales contract with the Plaintiff on June 12, 2012, to sell 1.3 square meters (12.52 square meters) per 41.3 square meters per annum (12.52 square meters) among the buildings newly constructed on the land outside Yongsan-gu Seoul Metropolitan Government and one parcel (hereinafter “the instant multi-household housing”).
(2) The sales contract of this case is accompanied by a receipt that the buyer received KRW 200 million on the same date, stating that “(1) real estate in the place of the above goods is currently being constructed and are currently in the process of the construction and shall be transferred to the buyer immediately after the completion of registration of ownership preservation.” (2) The sales price was already paid, and the seller and the buyer agree. (3) The buyer received KRW 200 million on the place of the above goods by the registration date.
C. On the date of the preparation of the instant sales contract, a loan certificate with the Plaintiff’s obligee and the Defendant’s obligor was prepared as follows (hereinafter “the first loan certificate”). The above loan certificate bears the Defendant’s seal impression affixed, and the certificate of the personal seal impression of the agent issued on the same date was attached.
The above amount of KRW 77 million per day of the loan certificate includes interest, including KRW 55 million borrowed on June 9, 1997 and interest on KRW 22 million borrowed on February 5, 2009, and the debtor transferred the pertinent multi-household house to the plaintiff by not later than two months after the completion of the construction of the new multi-household house.
If it is difficult to transfer the property due to the above financial situation, the defendant's property is owned.