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1. The defendant shall pay 87,179,000 won to the plaintiff and 12% per annum from May 12, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 13, 2015, the Defendant concluded a sales contract with respect to the purchase price of KRW 155,000,000 among the purchase price of KRW 1,550,000,000 for the land and the building on the Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”) (hereinafter “instant sales contract”) on the date of the contract, and the intermediate payment of KRW 455,00,000 on the date of the contract, and the intermediate payment of KRW 40,000 for the remainder of KRW 940,000 on March 24, 2015 (hereinafter “instant sales contract”).
B. On March 24, 2015, the Defendant completed the registration of ownership transfer on the ground of the pre-sale agreement, and completed the provisional registration of the right to claim ownership transfer registration of the instant real estate on the ground of the pre-sale agreement, on May 22, 2015.
C. On August 16, 2017, the Plaintiff filed a lawsuit against B with the Seoul Central District Court for a claim, such as the amount of indemnity, and received the judgment that “B shall pay to the Plaintiff 25,850,302 won and the amount calculated by the rate of 5% per annum from the day following the day this judgment became final and conclusive to the day of complete payment.” The judgment was finalized on September 7, 2017.
(Seoul Central District Court 2016Na72978). D.
On May 15, 2015, the Plaintiff was issued a provisional attachment order on claims (hereinafter “instant provisional attachment order”) with respect to the amount from the obligor B, the garnishee, the Defendant, the claim amount of KRW 170,000,00 from the Seoul Northern District Court (No. 2015Kadan20993), to the remainder of the purchase price to be paid by the Defendant pursuant to the instant sales contract, up to the claim amount. The said decision was served on the Defendant on May 22, 2015.
E. Thereafter, on December 7, 2017, the Plaintiff: (a) based on the original copy of the judgment rendered by the Seoul Northern District Court (2017TTTTTT 114157) from the Seoul Northern District Court (2017TTT 2016Na72978; (b) based on the said Seoul Central District Court’s original judgment; (c) KRW 228,449,427 KRW 170,00,000, the claimed amount was KRW 228,427,000; and (d) transferred the provisional attachment