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1. The Defendant: (a) KRW 45 million to Plaintiff A and the Defendant’s 5% per annum from March 1, 2018 to November 1, 2018; and (b) thereafter, the following.
Reasons
1. Facts of recognition;
A. The Defendant entered into a land sales contract (1) was divided into F on August 17, 2017 into a land sales contract with the area of 2064 square meters in Cheongdo-gun, Cheongdo-gun, Chungcheongnam-do-gun, Gyeongbuk-do prior to the division.
hereinafter referred to as "land of this case"
(2) Around May 2017, the Defendant sold the instant land to the Plaintiffs in KRW 87 million. The Plaintiff Company decided to purchase the part to be divided into Fm2 out of the instant land, and the remainder of the Plaintiff B. The payment of the purchase price (Plaintiff B, May 6, 2017, and the same month).
8. A total of KRW 10 million and KRW 20 million for Plaintiff A’s share in the instant land was remitted to the Defendant.
(2) Plaintiff A remitted KRW 30 million on July 21, 2017 and KRW 30 million on October 31 of the same year under the pretext of the purchase price of the instant land and the cost of subdivision survey.
C. The Defendant made a document dated November 30, 2017 (hereinafter “instant agreement”) with the Plaintiff who wants to cancel the Defendant, stating that “(45 million won) is not fully paid to A by February 28, 2018, the Defendant will not raise an objection to the execution of provisional attachment with respect to (1) two parcels of real estate owned by (4) (Seoul Cheongdo-gun E and G) (hereinafter “instant agreement”).
[Defendant asserts that if the above date is not paid, it would accept a provisional seizure, and did not promise to pay up to that date. However, the objective meaning of the above phrase is clear under the premise that the defendant is obligated to pay up KRW 45 million until February 28, 2018] [this ground for recognition]] without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, Gap evidence 5-1, 5-2, Gap evidence 5-2, the purport of the whole pleadings, and the purport of the whole arguments.
2. Determination as to Plaintiff A’s claim
A. According to the facts established on the basis of the determination on the cause of the claim, the Defendant prescribed in the Civil Act by the period from March 1, 2018, which served on the Plaintiff as the principal of the instant complaint, to November 1, 2018, on which the instant complaint was served, from March 1, 2018 following the date of payment.