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The defendant's order to pay compensation for damages against the defendant's Goyang District Court 201 tea 4876.
Reasons
1. Basic facts
A. G owned 16 parcels, including E or F, of the land E or F (hereinafter “instant land”). However, on October 15, 2017, as to the instant land, a voluntary decision to commence auction was rendered on October 12, 2017 with the Suwon District Court Branch Branch of Suwon District Court of 2007Kada11212, and on November 12, 2017, the decision to commence voluntary auction was made on November 12, 2017, and the auction procedure was in progress (hereinafter “instant auction procedure”). At the time, the maximum debt amount of KRW 1.58 million was totaled = 280,000,000 won with respect to the said land = 830,000,000 won with the maximum debt amount of KRW 1580,000,000 with the value of KRW 150,000,000 M or KRW 300,000 (hereinafter “instant mortgage”).
B. Around November 19, 2017, C entered into a contract with the Defendant (hereinafter “instant first contract”) stipulating that C shall sell the instant land to the Defendant at KRW 1.25 billion (200 million on the date of concluding the contract, the intermediate payment of KRW 300 million on November 27, 2008, and the remainder of KRW 750 million on December 18, 2008, and each payment of KRW 750 million on December 18, 2008). However, C entered into a contract (hereinafter “instant first contract”).
C. On November 19, 2017, the Defendant paid the down payment of KRW 50 million to C on November 19, 2017, and KRW 150 million on November 20 of the same month the remainder of the down payment, and transferred the intermediate payment of KRW 280 million on November 26, 2007 to the Plaintiff’s account.
C. On January 21, 2008, the Plaintiff, on behalf of C, entered into a contract with H, the Defendant’s mother-child, to sell I to H KRW 764 square meters (hereinafter “I land”) in the amount of KRW 320 million (hereinafter “instant contract”). C received full payment from H, and completed the registration of ownership transfer with H on January 24, 2008.
On February 17, 2009, when the auction procedure of this case was in progress on the land of this case, the N Co., Ltd acquired ownership by fully paying the sale price.
E. C around February 2009, the amount of money that the Defendant cancelled and received.