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1. The Defendant shall pay to the Plaintiff KRW 160,00,000 and the interest rate of KRW 15% per annum from July 21, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 29, 2014, C, etc. entered into a sales contract with D on the purchase price of KRW 780,000,000,000, which is a part of KRW 798.36 square meters of Ansan-gu E forest land 2,494.6 square meters in Ansan-si (hereinafter “instant first sales contract”), and agreed to transfer the down payment of KRW 80,000,000 to the Defendant’s account under the name of the Defendant on the date of the contract, and to pay the balance of KRW 70,000,000 on March 30, 2014.
B. On March 7, 2014, F, who represented the Plaintiff, agreed to take over the status of a purchaser of the instant first sale contract with C, and paid KRW 100 million to C on the same day. D, who represented the Defendant, agreed to take over the said contract, and on May 8, 2014, the Plaintiff changed the object of the said first sale contract into KRW 91.5mm2 in Maan-gu E2494m2, 201, when he/she became aware of the subject matter of the said first sale contract between the Plaintiff and the Plaintiff on May 8, 2014. The Plaintiff agreed to substitute the down payment of KRW 780,000,000 as the down payment paid by the former buyer, and the remainder is paid by June 30, 2014 (hereinafter “instant second sale contract”). The contract was concluded based on compensation for damages arising from nonperformance.
C. On October 8, 2014, the subject matter of the instant secondary sales contract was divided into the real estate indicated in the separate sheet (hereinafter “instant real estate”). On September 18, 2015, G creditors G received a decision to commence compulsory sale of the instant real estate from the Suwon District Court H with respect to the instant real estate on September 18, 2015, and the auction procedure was conducted on July 11, 2016. On July 11, 2016, the 000 U.S. Co., Ltd purchased the said real estate and completed the registration of transfer of ownership in the name of the Suwon District Co., Ltd. on the said real estate on July 14, 2016.
The defendant shall prepare each sales contract of this case with the qualification of the defendant as the representative at the time of the first and second sales contract of this case, and enter into each sales contract of this case, and at that time the defendant's power of attorney (No. 3-1) and certificate No. 3 of personal seal impression A.