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1. The defendant shall pay 74,00,000 won to the plaintiff and 20% per annum from January 19, 201 to the day of complete payment.
Reasons
1. Facts of recognition;
A. C was awarded a successful bid for land and buildings E, G land and buildings (Hel) (hereinafter “each real estate of this case”) in the real estate auction procedure commenced with the Jeonju District Court D on February 7, 2007.
B. After that, as the Corporation I had been engaged in remodeling construction of each of the instant real estate, but failed to receive the construction cost, it exercised a lien on each of the instant real estate, and J, the Defendant’s seat, was also involved in the said construction, but did not receive the construction cost.
C. Among them, C did not pay a loan to Hongsan Agricultural Cooperative, and the auction procedure was commenced at the same court K on July 22, 2009 with respect to each of the instant real estate. During that process, Co., Ltd. entered into a promise to sell and purchase each of the instant real estate with C on October 2009 and completed the provisional registration, but L was determined as the highest purchaser on June 2010 at the above auction procedure.
Accordingly, the Defendant and the J agreed to purchase each of the instant real estate from C in a way to recover the above claim for the construction price and smoothly resolve the auction case, and purchased each of the said real estate at KRW 700 million at the end of the consultation with the agent M of C, and paid to L the said highest price in addition to KRW 10 million in return for the waiver of auction.
E. At the time, the Plaintiff, upon introduction by J around March 2010, leased and operated the above E-ground building from N’s representative of I Co., Ltd. for KRW 40 million. However, the Plaintiff was requested by Defendant and J for the financing of each of the instant real estate purchase funds.
F. Accordingly, around June 25, 2010, the Defendant, the Plaintiff, etc. paid KRW 9 million to Ma Man or M as the price for renunciation of auction against the above highest price buyer. Among them, KRW 5 million was the Plaintiff, and the remainder of KRW 4 million was the Defendant, respectively.
M is going to deliver the above nine million won to the above highest price buyer at the time.