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1. The Selection C shall pay to the Plaintiff KRW 60,000,000 per annum from July 1, 2017 to July 5, 2018.
Reasons
1. Facts of recognition;
A. On February 24, 2016, the Plaintiff transferred KRW 60 million to the Defendant’s account at the request of D (the Deceased’s heir as the deceased’s heir) that was the actual representative of the Defendant, as of November 2016.
B. On February 25, 2016, the Defendant purchased the purchase price of KRW 560,00,000 (within 45 days after the completion of authorization and permission), F forest land 3,121 square meters, and G previous 593 square meters (hereinafter “instant real estate”), and entered into a sales contract with the purchaser as the Plaintiff (hereinafter “instant sales contract”).
After November 2, 2016, the Defendant obtained permission from the Sungsung market to permit H, I, and J as an authorized person.
C. On January 2, 2017, E sent to the Plaintiff a certificate of content that “E pays the remainder by January 14, 2017, as the remaining payment date stipulated in the instant sales contract has arrived, and if this comes thereafter, E would cancel the sales contract and confiscate the down payment.”
On January 18, 2017, the Appointor C prepared a loan certificate stating that “I will repay the above amount to June 30, 2017” (hereinafter “the loan certificate of this case”) to the Plaintiff on the basis of sale and purchase of the instant real estate, and completed the registration of ownership transfer in its name on January 25, 2017.
[Reasons for Recognition] Unsatisfy, Gap 2-4, 8, 9 (including virtual numbers), the purport of the whole pleadings
2. Judgment as to the main claim
A. On January 18, 2017, the Plaintiff 1’s assertion of the parties C asked the Plaintiff to cooperate with the Plaintiff in obtaining the ownership of the instant real estate, and on February 24, 2016, the Plaintiff drafted the instant loan certificate to the effect that the Plaintiff would repay KRW 60 million, which was remitted to the Defendant’s account.
Since the Appointor C acquired ownership of the instant real estate with the Plaintiff’s cooperation, the Appointor C shall pay to the Plaintiff KRW 60 million as set forth in the instant loan certificate.