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1. The Defendant shall pay to the Plaintiff KRW 196,645,00 and the interest rate of KRW 15% per annum from May 3, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
(1) On August 25, 2014, the Defendant purchased a multi-household house (hereinafter “multi-household house in this case”) with the size of 1st basement and 21st floor located in Busan Jung-gu, Busan, which is owned by C, and completed the registration of ownership transfer on August 27, 2014.
B. On March 30, 2015, E representing the Defendant exchanged the instant multi-household housing and the instant multi-household housing land owned by the Defendant (hereinafter “instant land”). However, the Plaintiff succeeded to KRW 432 million rental deposit for the instant multi-household housing 21 households, as well as KRW 300 million mortgage establishment liability. The instant multi-household housing market price is KRW 180,000,000,000 (the instant multi-household housing market price - KRW 150,000,000,000,000,000,000,000,000 won (hereinafter “the instant multi-household housing market price - KRW 432,000,000,000,000,000) - KRW 300,000,000,000,000,000 won (hereinafter “the instant multi-household housing”).
Secondly, the Plaintiff paid to E the sum of KRW 30 million in terms of the contract deposit of KRW 180 million on March 30, 2015, and KRW 68 million in terms of intermediate payment and balance on April 17, 2015 (credit loan debt of KRW 20 million) under the said exchange contract.
x. On April 20, 2015, the Plaintiff completed the registration of ownership transfer in its name for multi-household housing in the instant case.
(v) However, inasmuch as the total amount of the lease deposit of the instant multi-household housing is not KRW 432 million calculated at the time of the instant exchange contract, and the fact that the cause of KRW 944 million was revealed, the Plaintiff returned the amount that the Plaintiff paid to the Defendant. The Plaintiff paid to the lessee of the instant multi-household housing, the lease deposit paid by the Plaintiff to the lessee of the instant multi-household housing, the registration fee paid by the Plaintiff to purchase the instant multi-household housing, brokerage fee