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1. The Defendant’s KRW 43,300,000 as well as 5% per annum from July 3, 2019 to November 12, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The C parking lot 2284.8 square meters (hereinafter “instant land”) in Namyang-si was owned and owned by D 10/100 shares and E 90/100 shares. However, D and E completed the registration of ownership transfer of the instant land in F future on January 14, 2016 on the ground of trust on December 30, 2015.
B. On July 3, 2018, the Defendant concluded a real estate sales contract that purchases the instant land in KRW 7,650,000 (hereinafter “first sales contract”) between D and E.
The provisions on the payment of the first sale contract shall be as follows:
[Purpose] Article 1 [Purpose] Sale of the above real estate shall be paid by agreement between the seller and the buyer as follows:
The sales price of KRW 7,650,000,000 as down payment of KRW 1,000,000 shall be paid at the time of the contract and the intermediate payment of KRW 3,620,00,000 shall be paid at the time of the contract and paid in subrogation by the seller.
Any balance of 3,030,000,000 won shall be paid on July 31, 2018.
Provided, That the period may be extended for seven days.
Matters of special agreement
4. Method of paying down payment: The payment was received in KRW 450,000,000 on July 3, 2018.
Of these, KRW 150,00,000 shall be offset by the amount paid by H on May 4, 2018 by the amount paid by the buyer of the sales contract concluded on May 4, 2018 on the said real estate, and the unpaid down payment shall be paid by the date of payment of the intermediate payment. 50,000,000 won shall be paid by the date of payment of the intermediate payment.
C. The Defendant did not pay KRW 50,000,000 among the down payment under the said provision until July 31, 2018, which is the date of the intermediate payment payment under the first sale contract, to D and E, and did not pay the intermediate payment by subrogation.
D On August 20, 2018, the Defendant pays an intermediate payment and any balance pursuant to the First Sales Contract to the Defendant.