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1. The Defendant’s KRW 103,250,000 with respect to the Plaintiff and 5% per annum from October 30, 2015 to January 28, 2021.
Reasons
1. Summary of the plaintiff's assertion
A. On October 31, 2008, the Plaintiff entered into a real estate sales contract with C to purchase KRW 12,232 square meters of D Forest land (hereinafter “instant land”) for KRW 260,000,000 (hereinafter “the instant real estate sales contract”), and paid KRW 26,000,000 as the down payment on the date of the contract, and paid KRW 24,000 as the intermediate payment on November 25, 2008, and paid KRW 50,000 out of the sales price.
B. While the Plaintiff was unable to pay the remainder of the purchase price, the seller C bears the remainder to E.
The agreement was reached with C to substitute the payment of the remaining purchase and sale amount of KRW 203,00,000 on behalf of the claim, and E completed the registration of transfer of ownership of the land of this case with its accompanying subsidy, and the Plaintiff would again obtain the registration of transfer of ownership in the name of the Plaintiff when the Plaintiff repaid C’s debt to E.
On March 17, 2009, C completed the registration of transfer of ownership of the instant land in the future.
(c)
Meanwhile, on the instant land, the maximum amount of KRW 40,00,000 was set up for the debtor C and the creditor as F Partnership, but the interest on C’s loan obligation, which is the secured obligation, was also paid by the Plaintiff from March 17, 2009.
(d)
The Plaintiff paid KRW 25,00,000 to E around March 25, 2009, but the remainder of KRW 178,000,000 (=203,000,000 - 25,000,000) was not paid (i.e., KRW 178,000) under an agreement with the Defendant and E, and paid KRW 50,00,000 among the above KRW 178,00,000 under the above 178,000 under an agreement with the Defendant and E, and paid KRW 128,00,000 to the Defendant, and the Defendant paid KRW 128,00,000 to the Defendant later, and the Plaintiff received ownership registration under the name of the Plaintiff at the same time.
E. Accordingly, the Plaintiff borrowed from G 50.