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1. The Defendant’s KRW 52,80,000 and the Plaintiff’s annual rate of KRW 5% from December 4, 2015 to January 24, 2017.
Reasons
Basic facts C owned 655m2, E, E, 1,00m2 (hereinafter collectively referred to as “the instant trade land”), F,091m2 (hereinafter referred to as “the instant trust land”), not in the Republic of Korea, and owned 1,091m2 (hereinafter referred to as “instant trust land”).
C On January 1, 2005, between H and H with the authority delegated by G on January 1, 2005, calculated approximately KRW 150,000 per square meter on the instant trade land and the instant trust land, and concluded a sales contract for the purchase price of KRW 120,000,000.
G around that time, the instant land and the instant trust land were sold collectively to the Plaintiff, P, Q, etc., including the instant land and the instant trust land.
As above, the Plaintiff again sold the instant land in total to the Defendant at KRW 125 million calculated by adding approximately KRW 250,000 to KRW 250,000 per square meter. The Plaintiff received KRW 125,000,000,000 from the Defendant on January 31, 2005 and KRW 65 million on March 5, 2005, including KRW 125,500,000,000.
The Plaintiff set the Plaintiff’s share of the instant trust land among the land purchased collectively from G as seen above between P and Q, and requested the Defendant to request the registration of ownership transfer to the Defendant for the instant trust land along with the instant trade land. Accordingly, on March 23, 2005, the registration of ownership transfer was completed in the Defendant’s future on March 23, 2005 regarding the instant trust land and the instant trade land.
Since then, the Defendant stated that the purchase price of the instant land was higher than the actual transaction price, and on March 29, 2005, the Plaintiff sold the instant land to a third party until April 20, 2005, and if the Plaintiff fails to sell it, he prepared a letter of agreement to refund KRW 125 million by the said date (hereinafter “each letter of this case”).
However, the Plaintiff sold the instant land to a third party in accordance with the instant letter, or did not refund the purchase price to the Plaintiff.
The defendant is subject to R on August 18, 2007 with respect to the land of this case.