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1. The Defendant’s KRW 108,00,000 and the Plaintiff’s annual rate of KRW 5% from October 26, 2016 to June 3, 2019.
Reasons
1. The parties' assertion
A. On December 28, 2013, the Plaintiff’s assertion C intended to sell the instant building D and E’s ground (hereinafter “instant building”) to the Defendant for KRW 870 million,000,000,000, and completed the registration of ownership transfer. However, the Defendant paid KRW 245 million to C as down payment and intermediate payment, but did not pay the remainder KRW 625 million.
C On April 15, 2014, the Plaintiff transferred part of C’s purchase and sale remainder claim against C, which is KRW 18 million, to the Defendant, and notified the Defendant thereof. As such, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 18 million and the delay damages therefor.
B. The Defendant’s assertion C and the Defendant concluded a sales contract with the instant real estate purchase price of KRW 870 million on December 28, 2013. However, after the conclusion of the contract, the Defendant concluded a sales contract with C as much more than the amount of claims of the provisional injunction and provisional attachment creditors related to the instant building than that notified by C, and completed the registration of ownership transfer for the instant building.
On the other hand, after completing the registration of transfer of ownership for the instant building, the expenses to be borne by C by taking over the obligation to refund the deposit for lease on a deposit basis for the instant building or paying the deposit for removal of a building on behalf of C would be KRW 480 million.
If the purchase price of the instant real estate is KRW 2450 million paid as down payment and intermediate payment from KRW 50 million to KRW 50 million, and the cost KRW 480 million to be borne by the Defendant on behalf of C, the Defendant did not have any balance to be paid by C, and rather, the amount to be paid by the Defendant to C is KRW 174 million.
Therefore, C's claim for remainder of sale against the Defendant does not exist, and even if it exists, the prescription expires, so C's claim for remainder of sale is taken over from C.