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1. The Defendant’s KRW 51,120,00 for the Plaintiff and 5% per annum from October 2, 2007 to April 17, 2014, and the following.
Reasons
1. Facts of recognition;
A. On December 28, 2006, the registration of ownership transfer was completed on December 27, 2006 on the part of the defendant on December 28, 2006.
B. The beneficiary of the above trust contract, and the purchaser of the instant apartment, and the Korea-Japan Construction Co., Ltd. (hereinafter “Korea-Japan Construction”) who implemented the said new apartment construction (hereinafter “Korea-Japan Construction”) ordered the Plaintiff to perform the interior decoration construction during the said new construction, and the Plaintiff subcontracted his labor portion to B around May 2007.
C. On May 4, 2007 between the Plaintiff C and the Defendant who represented B, sold the instant apartment at KRW 255.6 million, but the down payment is paid at the time of the contract, and the remainder KRW 5,1120,000,000,000,000,000 won was made to be paid on August 3, 2007. On the same day, a sales contract (Evidence 2) was made to be paid on the Defendant’s account under the name of B.
(2) However, on the same day, B borrowed KRW 67 million to the Plaintiff for the payment of the down payment and the remainder of the apartment complex in this case, and the remainder KRW 17 million was deducted from the progress payment of the said subcontracted project, and the remainder of KRW 17 million was written with a loan certificate (Evidence 6).
Then, on June 28, 2007 with regard to the apartment of this case, the right to claim the cancellation registration due to the invalidation of the sales contract was the preserved bond, and the registration of the provisional disposition of SBD was completed, and the defendant, the plaintiff, and the plaintiff, the sales contract was cancelled under consultation with the Han-day Construction due to the registration of the provisional disposition. Thus, the letter of request for the return of the deposit in lots was sent to the effect that the above contract deposit is requested to be returned.