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1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from March 5, 2016 to the date of full payment.
Reasons
1. Basic facts
A. In Yangyang-si, B apartment 105 Dong 807 (hereinafter “instant apartment”) owned by Sungho Construction Co., Ltd. (hereinafter “Shoho Construction”), the ownership of the Defendant was transferred on July 9, 2010 on the ground of sale as of June 28, 2010. The ownership was transferred to C on November 29, 201 on the ground of sale as of November 24, 201, and each ownership was transferred to D on April 13, 2015 on the ground of sale as of March 23, 2015.
B. Meanwhile, from the Sungho Construction on May 16, 197, E resided in the instant apartment in KRW 25,00,000,000, and transferred the right of lease to F on February 9, 2006, and F transferred the right of lease to the Plaintiff on August 24, 2006, after transferring the right of refund of the said right of lease deposit to the Plaintiff on August 28, 2006.
C. Since then, the Plaintiff.
Upon the transfer of the ownership of the apartment in this case to the Defendant, on November 10, 2010, the content-certified mail was sent to the Defendant on November 11, 2010. The content-certified mail was sent to the Defendant on November 11, 2010.
However, on November 24, 201, the Defendant, while selling the instant apartment to C, agreed to succeed to the obligation of return KRW 25,000,000 to the buyer, did not notify the fact that the refund claim was transferred to the Plaintiff, and C paid KRW 25,00,000 to F around March 2012.
[Ground of recognition] Evidence Nos. 1 to 4, Evidence Nos. 1 to 2, Evidence Nos. 1 and 2, Witness C's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant was negligent in not notifying the purchaser C of the apartment of this case even though he knew that the claim for the refund of the deposit was transferred to the plaintiff, and thereby giving the deposit money to C who did not know of the transfer of the claim for the refund of the deposit deposit to F by paying the deposit money.