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1. The Defendant: (a) KRW 35,00,000 for the Plaintiff and 5% per annum from December 25, 2015 to October 15, 2015; and (b) the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that: (a) around July 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 110 million (hereinafter “instant real estate”); and (b) the Defendant and C totaling KRW 81.5 million (i.e., KRW 5 million (i., July 16, 2014, KRW 30 million (i.e., KRW 50 million) remitted to C on September 22, 2014, KRW 50 million (i.e., KRW 50 million), which was remitted to C on September 18, 2014; and (c) the Defendant did not receive KRW 81.5 million (i.e., KRW 50 million) even after the instant sales contract was revoked; and (d) the Defendant is obligated to pay KRW 365 million to the Plaintiff.
B. As to the defendant's assertion, the defendant asserts that the plaintiff donated the above KRW 81.5 million to the defendant for marriage with his father C, and that the defendant does not have any obligation to return it to the plaintiff.
2. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 8, the Plaintiff’s promise to marry with C to marry from July 2014 and agreed on November 22, 2014 when living together with C on August 14, 2014. Meanwhile, the Plaintiff remitted the amount of KRW 80 million to the Defendant on July 16, 2014, and KRW 30 million on July 22, 2014; however, the Plaintiff demanded the return of the said amount by giving notice of marriage with C, and the Defendant’s payment of KRW 40 million to the Plaintiff on October 21, 2014.
The following circumstances revealed by the above facts of recognition, namely, that the Plaintiff was living in the instant real estate under the condition that the Plaintiff had to prepare a new house for the purpose of returning to a new marriage with C, and that the amount of KRW 80 million out of the amount transferred by the Plaintiff to the Defendant is the larger amount, and thus, the Plaintiff shall pay any consideration to the Defendant before marriage.