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1. The Plaintiff:
A. Defendant B’s KRW 70,000,000 as well as 20% per annum from August 26, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. Defendant B, as a member of the E Housing Redevelopment Project Association (hereinafter “Redevelopment Project Association”) that is implementing redevelopment improvement project in Mapo-gu Seoul Metropolitan Government D, was allocated a F apartment 307 Dong 1603 (hereinafter “instant apartment”).
B. Defendant C is a person who runs the real estate brokerage business under the trade name of H Licensed Real Estate Agent Office in Mapo-gu Seoul Metropolitan Government G Commercial Building No. 112
C. On November 11, 2014, before the completion of the instant apartment, the Plaintiff entered into a lease agreement with Defendant C, setting the instant apartment as “from March 31, 2015 to March 31, 2017,” with the term of lease “340,000,000 won” and paid Defendant C the down payment of KRW 35,00,000.
At the time of the instant contract, Defendant B did not disclose to the Plaintiff that there was any restrictions or burdens other than KRW 67 million in the unpaid purchase of state and public land.
E. However, at the time of the conclusion of the instant lease agreement, the Defendant B’s loan obligation related to the instant apartment was in arrears with KRW 121,417,855 out of the intermediate payment for the purchase price of the instant apartment. The Defendant B’s loan obligation related to the instant apartment was 19,000 won.
In addition, two provisional attachment orders were issued on the right to claim ownership transfer registration and the right to sell the apartment of this case by Defendant B, and the original copy was served on the redevelopment association.
F. After entering into the instant lease agreement, the Plaintiff became aware of the same fact as the foregoing “Ma” and demanded the Defendants to cancel the contract, and on March 3, 2014, the Plaintiff and the Defendant agreed upon between the Plaintiff and the Defendant.
At the same time, Defendant B agreed to refund the down payment to the Plaintiff by March 31, 2015 (Provided, That it may be deferred by April 15, 2015), but if the return is not made by April 15, 2015, Defendant B agreed to compensate the Plaintiff for the double amount of the down payment.
Defendant B shall be the date of the closing of argument.