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1. The Defendant shall pay to the Plaintiff KRW 41,50,000 and the interest rate of KRW 15% per annum from October 26, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On March 23, 2012, the Dondi City Development Co., Ltd. (hereinafter “execution company”) entered into a trust agreement with an international trust company (hereinafter “trust company”) and a sales management trust agreement with the international trust company (hereinafter “trust company”) while carrying out the business of selling DNA officetels built on the land outside Gwangju-gu, Seo-gu and four parcels, which is owned by the execution company, and the Gaman Construction Co., Ltd. (hereinafter “Aman”).
(hereinafter referred to as “instant trust agreement”). The main content is that a trust company manages the ownership of an officetel’s business site, and if an officetel is newly constructed and registered for preservation in the future, an officetel’s ownership is also managed by the trust company. Only the trust company has the authority to sell an officetel and the sales price shall be deposited into the management account opened by the trust company, and no sales contract without the seal of the trust company shall take effect.
B. On March 23, 2012, the trust company completed the registration procedure for transfer of ownership based on the trust regarding the entire project site of officetels, and on November 27, 2015, the trust company completed registration for transfer of ownership with respect to Dtel 406 (hereinafter “instant officetel”). On the same day, the registration procedure for transfer of ownership based on the trust in the name of the trust company was completed.
C. On August 5, 2014, the Plaintiff entered into a resale agreement with the Defendant’s agent for the instant officetel at KRW 41.5 million with respect to the purchase price, and the first seller entered into the said resale agreement as the executor.
On the same day, the Plaintiff remitted KRW 11.5 million to the bank account in the name of E, and the remaining KRW 30 million was paid by subrogation at the Defendant’s request for loans to the subordinate agricultural cooperatives under the name of the Defendant. D.
However, the instant officetel is the instant case.