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1. The Defendant amounting to KRW 43 million to the Plaintiff and the Plaintiff’s annual rate of 5% from November 2, 2015 to August 8, 2016.
Reasons
1. Facts of recognition;
A. On November 2, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the sales price of KRW 43 million with respect to the sales right of KRW 633,00,00,000 among Seo-gu and Seo-gu Officetel D (hereinafter “instant officetel”). However, the contract was concluded as if the Defendant entered into a sales contract with the Plaintiff on the instant officetel at the office of Nonparty L&D Development Co., Ltd. (hereinafter “Non-Party”) with the Plaintiff upon obtaining an identification card, etc. from the Plaintiff.
B. On November 2, 2015, the Plaintiff paid the Defendant a total of KRW 43 million in the instant purchase price.
C. On July 28, 2016, the instant officetel had been registered for transfer of ownership in the name of E.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, 9, Eul evidence 1-2, witness F's testimony, the purport of the whole pleadings
2. According to the facts found earlier prior to the determination on the cause of the claim, since the instant officetel has completed ownership transfer registration to E on July 28, 2016, the Defendant’s obligation to transfer the ownership of the instant officetel pursuant to the instant sales contract against the Plaintiff was impossible, and on this ground, it is apparent in the record that the instant complaint containing an expression of intent to cancel the instant sales contract was served on the Defendant on August 8, 2016, thereby the instant sales contract was lawfully rescinded.
Therefore, the Defendant is obligated to pay the Plaintiff the purchase price of this case KRW 43 million and the damages for delay calculated at the rate of 5% per annum under the Civil Act from November 2, 2015 to August 8, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
As to this, the defendant shall only change the name of the buyer in the name of the plaintiff with respect to the instant officetel.