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1. The Defendant’s KRW 48,035,670 among the Plaintiff and KRW 5,00,000 among them, shall be KRW 40,200,000 from March 10, 2013.
Reasons
1. Basic facts
A. On March 10, 2013, the Plaintiff and the Defendant entered into a sales contract with the Plaintiff for the purchase price of KRW 402,7,000,000,000,000,000,000 for an intermediate payment of KRW 40,200,000 at the time of the contract (hereinafter “instant sales contract”) to be paid at the time of occupancy from March 20, 2013 to March 20, 2014 (hereinafter “instant sales contract”); and on the same day, the instant officetel 1002 and the instant officetel 69,50,000,000,000 were to be sold at the time of occupancy (hereinafter “instant sales contract”).
B. On October 2014, the Defendant notified the Plaintiff that the instant officetel should be completed and that the Plaintiff should pay any balance arising from the instant sales contract from October 20, 2014 to November 14, 2014 and move into the instant officetel.
C. On October 2014, the Plaintiff confirmed that there was a protruding part at least 3 cm in the middle part of the wall surface of the instant officetel 1002, and stated that the Defendant would pay intermediate payment and balance pursuant to the instant sales contract and the instant officetel 1002 after the said defect was repaired.
With respect to the instant officetel 402, the provisional attachment registration was completed on December 2, 2014, with the creditor C, the claim amount of KRW 1.355 billion in accordance with the provisional attachment order of the Gwangju District Court 2014Kahap893 on December 2, 2014, and on February 13, 2015, with the provisional attachment order of the Gwangju District Court 2015Kahap103 on February 13, 2015, with the creditor D and the claim amount of KRW 500 million.
E. On March 9, 2015, the Plaintiff paid to the Defendant KRW 62 million in total the intermediate payment and remainder under the instant sales contract, and KRW 64.5 million in total the intermediate payment and remainder under the instant sales contract with the instant officetel 1002. On March 16, 2015, the Plaintiff paid KRW 2,835,670 in total, including acquisition tax, following the acquisition of the instant officetel 402, to the Gwangju Metropolitan City Mine Office.
E. On March 16, 2015, the Plaintiff’s instant officetel No. 1002.