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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 130,000,00 and the interest rate thereon from February 19, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 17, 2015, the land sales contract 1) E between E and the Defendant B is 639 square meters in total as indicated in the separate sheet owned by the Defendant B (hereinafter “Defendant B”) on April 17, 2015 (hereinafter “instant land”).
b. At the time of the contract, a sales contract was concluded to sell 122,00,000 won in lots, which was divided after 28,000 square meters of F forest land in Sungsung-si and then sold to 3,40,000 won in lots.
2) At the time of the above sales contract, Defendant B paid 13 million won as down payment, and agreed to pay 109,000,000,000 won for the remainder of the sales contract to E as a collateral, Defendant B succeeded to the loan amount of KRW 101,00,000,000, which has already been granted from G association’s land as collateral. Defendant B paid interest on the loan accrued after April 22, 2015, and the remainder of eight million shall be paid to E in cash.
3) Prior to the above sales contract, E had the permission for development activities and the building report for construction of the housing on the instant land. The building report was a content that the building report was built of 100.01 square meters of the light-scale steel structure on the instant land.
Defendant B would construct the housing on the instant land by using the above permission for development activities and the building report.
The E accepted this, and around April 2015, the land of this case was delivered to Defendant B.
4) Defendant B, upon delivery of the instant land from E at the end of April, 2015 after the said sales contract, constructed the housing of 1,00.01 square meters of light steel structure (hereinafter the instant housing) at its own expense pursuant to the said building report, which was already received by E at its own expense.
B. On July 30, 2015, the Plaintiff entered into a contract with Defendant B to purchase the instant land and housing amounting to KRW 275,000,000 (hereinafter “instant contract”). At the time, the said housing was at the completion of construction at the construction rate of 98%, and thus, Defendant B completed the construction and undergo the completion inspection under the name of E.