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1. The defendant's KRW 40,438,356 to the plaintiff and 5% per annum from February 20, 2020 to November 3, 2020 to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a contract with the Defendant to sell each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) at KRW 7 billion, but the Defendant did not pay the remainder of KRW 1 billion after paying only KRW 1 billion, and notified the Defendant that the said contract should be terminated.
Accordingly, the Defendant filed a lawsuit against the Plaintiff on August 13, 2018 (U.S. District Court 2018Gahap21503), and on March 28, 2019, the court of first instance rendered a judgment that “the Plaintiff shall be paid KRW 6 billion from the Defendant, and at the same time, implement the procedure for the registration of transfer of ownership based on the sale of the instant real estate as of May 4, 2015,” and the said judgment was dismissed (U.S. High Court 2019Na1018), dismissed the appeal (Supreme Court 2019Da26761), and finalized on November 29, 2019.
B. On December 12, 2019, the Plaintiff deposited the documents necessary for the registration of transfer of ownership of the instant real estate as depositee, with the Suwon District Court No. 2019 water 65, and the notice of deposit was served on the Defendant on December 18, 2019.
C. On January 28, 2020, the Defendant deposited the Plaintiff as the principal deposit and deposited the amount of KRW 6 billion with Seoul Eastern District Court No. 2020,228.
[Reasons for Recognition] 1 to 5, and 7 Evidence A
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff deposited documents necessary for the registration of ownership transfer of the instant real estate on December 12, 2019, and the Defendant is obligated to pay damages for delay calculated by the rate of 6% per annum from December 13, 2019 to January 28, 2020, the Defendant’s money deposited to the Plaintiff from December 13, 2019 to January 28, 2020, as well as damages for delay.
B. (1) Determination is sufficient for a seller to prepare for implementation corresponding to a contract in cases where the buyer has not prepared to receive the registration documents of ownership transfer, such as failure to pay the remaining amount, while taking a non-cooperative attitude in the performance of the contract.
Supreme Court Decision 200