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1. The Defendant’s KRW 54,736,073 as well as the Plaintiff’s annual rate from July 5, 2013 to September 18, 2015.
Reasons
1. Determination as to the cause of claim
A. Each of the facts described below 1, 2, and 3 is without dispute between the parties, and the facts described below 4 can be acknowledged in light of the overall purport of the arguments as to Gap evidence 1-1 to 7.
1) On October 29, 2010, the Defendant: (a) purchased C shares in each land in Kimpo-si, Kimpo-si, E, F, G, H, I, I, and J; and (b) agreed that C shall complete the prefabricated-type building on a 198 square meter size of 198 square meters, which was only based on the said D land, and shall pay KRW 480,000 as the purchase price and the construction price (hereinafter “instant agreement”).
(2) According to the instant agreement, the Defendant completed the registration of ownership transfer on part of the above land, and C (the husband of the person who actually concluded the construction contract as seen below) constructed a prefabricated-type assembly-type building (hereinafter “instant operation building”) on the Plaintiff.
3) The Defendant did not pay KRW 64,856,073, out of the sales price and the construction price to be paid to C pursuant to the instant agreement. 4) On July 3, 2013, the Plaintiff acquired the claim from C to the Defendant for the amount of KRW 64,856,073 (hereinafter “instant claim”). On the following day, the Defendant issued the notice of assignment of the claim to the Defendant.
B. Although the defendant's judgment on the defense before the merits of this case asserted that the plaintiff's acquisition of the claim of this case constitutes a trust of lawsuit and thus null and void, the plaintiff's claim of this case can perform the lawsuit as a proxy even if the plaintiff's claim against the defendant was not taken over as a proxy, the plaintiff's registration was completed with the trade name of "L", and the plaintiff's side K entered into various contracts in the plaintiff's name and conducts business activities, etc., unless there are special circumstances as the plaintiff's father's father's father's father's claim of this case and the plaintiff's claim of this case.