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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and KRW 20% per annum from July 31, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 10, 2003, the Plaintiff purchased at KRW 730 million (G building 36 households; hereinafter “instant housing”) and KRW 120 million from the purchase price, and paid KRW 580 million to C and D in lieu of the existing construction payment obligation, and concluded a sales contract with the Plaintiff to pay KRW 30 million for the remainder of KRW 30 million as expenses.
At the time of the conclusion of the above sales contract, C and D agreed to transfer the site ownership and the name of the owner of the instant house to the plaintiff or the person designated by the plaintiff.
B. With respect to 18 units of apartment houses that were newly built on the ground of E among the 36 units of the instant housing, the Plaintiff continued the instant new housing construction work without keeping the previous owner D with respect to the existing owner H, and 18 units of apartment houses that were newly built on the ground of F’s land (hereinafter “instant apartment buildings”).
C. While the Plaintiff purchased each of the instant lands, on June 27, 2003, a voluntary auction procedure (Seoul District Court I) was commenced on each of the instant lands, while the Plaintiff did not register the ownership transfer, and on August 18, 2004, J awarded each of the instant lands in the above auction procedure and completed the registration of ownership transfer on August 30, 204.
C and J prepared on September 23, 2004 a letter to the Plaintiff stating that “In order to ensure the smooth completion of the instant apartment, J shall, instead of providing E land as a collateral for the purpose of securing the construction cost of the instant apartment, change the owner of the instant apartment in the name of J, and shall recover the owner’s name immediately after the settlement of land price is completed.” Accordingly, the name of the owner of the instant apartment on September 24, 2004 is from D to J.