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1. The Defendant’s KRW 173,234,967 as well as 5% per annum from April 24, 2015 to May 17, 2017 to the Plaintiff.
Reasons
1. On August 25, 2014, the Plaintiff agreed to sell to the Defendant a multi-household house on the ground C (hereinafter “instant house”) at KRW 1,530,000,000,000 in Ansan-gu, Ansan-gu, the Plaintiff newly constructed, to receive any balance on November 5, 2014, and deliver and deliver documents necessary for the registration of transfer of ownership.
(hereinafter “instant sales contract”). On November 24, 2014, when the Plaintiff was not paid KRW 185 million out of the instant sales price, the Plaintiff completed the registration of ownership transfer on the instant housing to the Defendant on November 24, 2014.
Meanwhile, even though only 3 households (total 13 households) should be constructed on the fourth floor on the design drawing of the instant house, the construction was carried out by unlawfully dividing 402 units from the approval of use of the instant building into 2 households (total 14 households).
【Unless any special circumstance exists, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 185 million and damages for delay thereof, according to the following facts: (a) there is no dispute; (b) Gap 1 and 2; (c) Gap 3's evidence 1-13; and (d) Gap 4-4 and Eul 1's evidence; and (c) the purport of the entire pleadings.
2. Judgment on the defendant's defense
A. On November 14, 2014, the Defendant asserted that the Plaintiff directly received KRW 10 million as the purchase price, and even thereafter, the Defendant paid KRW 5 million as the lease deposit (No. 403) on December 403, 2014, and KRW 5 million as the purchase price.
First of all, according to the records in Gap evidence No. 301, 10 million won of the lease deposit, the defendant signed the cash custody certificate of KRW 185 million in order to ensure the payment of the remaining purchase and sale on November 24, 2014. Thus, the above KRW 185 million, which the plaintiff received directly as the purchase price on November 14, 2014, shall be treated as repayment of KRW 301 of the lease deposit of KRW 10 million.