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1. The Plaintiff:
A. Defendant B’s KRW 65,00,000 and interest rate of KRW 20% per annum from May 29, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On February 2, 2012, the Plaintiff concluded a sales contract with the representative director of D Co., Ltd. (hereinafter “D”) to purchase KRW 1803,00,00, which was unsold in lots at the time among the F apartment located in the Gyeongcheon-gun, Gyeongcheon-gun, and three parcels of land (hereinafter “instant apartment”). On February 2, 2012, the Plaintiff paid KRW 10,000,000, the down payment of KRW 30,000,000, the intermediate payment of KRW 158,000,000 on March 2, 2012, and the remainder of KRW 30,000 on March 30, 2012.
B. On March 30, 2012, the Plaintiff informed Defendant C of the contents of the sales contract on the instant apartment that was concluded with Defendant C, a certified judicial scrivener, as known by Defendant C, and Defendant C, on the same day, stated the said sales contract terms (the sale price is KRW 200,000,000,000,000, and the contract date is retroactively stated on February 29, 2012), and completed the registration of ownership transfer on behalf of the Plaintiff in the name of the Plaintiff on behalf of D and the Plaintiff.
C. Meanwhile, on February 21, 2012, prior to the registration of transfer of ownership in the Plaintiff’s name, the instant apartment was registered for the establishment of a neighboring mortgage (hereinafter “instant mortgage”) with other F apartment units on the same day, jointly with the maximum debt amount of KRW 5,239,00,000,000, and with other F apartment units. The said registration for the establishment of a mortgage and the establishment of a mortgage were registered. Defendant C represented for Defendant D.
On October 22, 2013, the Plaintiff notified the Bank of the scheduled auction of the instant apartment, and paid 65,000,000 won to the Bank on October 25, 2013, and cancelled the instant collateral security.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Defendant B.