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1. The defendant shall pay 49,830,000 won to the plaintiff and 15% per annum from September 22, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On May 7, 2012, the Plaintiff concluded a sales contract with the Defendant to sell KRW 353,000,000 (hereinafter “instant land”) of KRW 165 square meters and KRW 3,974 square meters (hereinafter “instant sales contract”) prior to the Gangseo-gun, Hongcheon-gun C, Gangwon-do, and the Plaintiff agreed to receive the remainder of KRW 250,000,000 from the Defendant for a down payment of KRW 103,000,000 (hereinafter “instant sales contract”) and received on May 31, 2012.
B. On May 8, 2012, the Plaintiff received the down payment from the Defendant, and completed the provisional registration of the right to claim ownership transfer registration of the instant land (hereinafter “the provisional registration of this case”) to the Defendant.
C. However, until May 31, 2012, the agreed date, the Defendant failed to pay the remainder of KRW 250,000,000 to the Plaintiff. Since then, the Plaintiff notified the Plaintiff of the payment of the balance by July 16, 2012 when providing the documents necessary for the registration of the transfer of ownership.
Accordingly, on July 17, 2012, the Plaintiff notified the Defendant of the rescission of the instant sales contract on the grounds of the remainder payment.
E. On September 2012, the Plaintiff filed a lawsuit against the Defendant for cancellation of the provisional registration of this case against the Defendant (hereinafter “transfer lawsuit”). On April 17, 2013, the court rendered a judgment that “The instant sales contract was lawfully rescinded as the Plaintiff notified the Defendant of the cancellation of the contract on the grounds that the remainder was unpaid, and the down payment of KRW 103,000,000 is excessive as liquidated damages, thereby reducing the amount to KRW 40,000 to KRW 63,00,000” on the ground that “the Defendant is paid from the Plaintiff KRW 103,00,000,000 (= KRW 40,000) - KRW 40,000,000,000, and at the same time, has the obligation to implement the procedure for cancellation registration of the provisional registration of this case to the Plaintiff.” The judgment became final and conclusive as is.
F. Meanwhile, the instant land was originally farmland, and the Defendant received the instant land from the Plaintiff after concluding the instant sales contract, and thereafter on E and the instant land.