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1. The Defendant’s KRW 76,130,547 and its related KRW 20% per annum from May 10, 2014 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 10, 2013, the Plaintiff (the Plaintiff, his father, who was the Plaintiff’s father) entered into a contract under which the Plaintiff would sell No. 06 of the Seoul-dong Commercial Building B (hereinafter “the instant sales contract”) of the Goyang-si F Building B (the Plaintiff intended to purchase the first E, but the Plaintiff decided to operate the commercial building at the request of E, and became the purchaser) (hereinafter “the instant sales contract”).
B. At the time of the instant sales contract, the contract entered the purchase price in KRW 200,000,000, not actually paid.
B accepted KRW 130,00,000 (the maximum bond amount of KRW 169,00,000) from a national bank on the instant commercial building, and arranged it within 60 days, and paid interest on loans after January 10, 2013.
In addition, E transferred the entire 1,587 square meters to the Plaintiff.
C. On March 18, 2013, the Plaintiff: (a) on the instant commercial building to B, the same year;
3.15. The registration of the right to claim transfer of ownership was completed on the basis of trade reservation.
On the other hand, G land was disposed of by H around October 30, 2013 upon the request of the Plaintiff and E, and paid 10,000,000 won to the Plaintiff.
The National Bank applied for the voluntary auction on the commercial building of this case, and the voluntary auction procedure was commenced on July 12, 2013, and the sale was completed on February 12, 2014.
In the above auction procedure on April 16, 2014, the debtor company of the National Bank was distributed KRW 69,310,880 out of the claimed bonds of KRW 145,335,992.
On the other hand, the Plaintiff paid 105,435 won interest on loans to the National Bank on April 30, 2013.
E. B died on March 22, 2015, and the Defendant, who is an son, was the sole inheritor of the property.
Grounds for Recognition: Facts without dispute, Gap 1 through 9, Eul 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion B by the parties is the instant case.