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1. The Defendant amounting to KRW 99,761,852 to the Plaintiff and KRW 5% per annum from November 3, 2015 to September 28, 2016.
Reasons
1. Facts of recognition;
A. On January 29, 2010, the original Defendant who purchased the instant real estate purchased 1/2 of the purchase price from Seongdong-gu Seoul Metropolitan Government No. 201 (hereinafter “instant real estate”) for KRW 180,000,000 (a sales contract was prepared as KRW 160,000,000) and agreed to take over a lease contract with the lessee E with respect to the instant real estate, thereby paying KRW 130,000,000,000 after deducting the above lease deposit from the lessee E.
B. On February 17, 2010, the Plaintiff paid the instant real estate purchase price, which was determined by the Pension Service for Private School Teachers and Staff as the due date of February 2020, and the Defendant, on February 17, 2010, extended KRW 70 million from the Pension Service for Private School Teachers and Staff as the due date of repayment from February 17, 2010, and paid the purchase price of the instant real estate to C. The Defendant completed the registration of ownership transfer as Seoul East Eastern District Court’s receipt on March 5, 2010 with respect to each of the instant real estate by KRW 10 million.
The Plaintiff repaid 3.59% interest on the above loan for three years after the above loan, and repaid KRW 1,084,990 each month as interest and principal on the above loan from March 2013, and the Defendant paid KRW 949,370 each month as interest and principal on the loan after receiving the above loan.
C. When the instant real estate was included in the redevelopment district, the original Defendant returned the lease deposit to the lessee of the instant real estate with the relocation expenses received by the original Defendant, and then sold in lots in the amount of KRW 538 million (the sale price was KRW 531 million) of Seongdong-gu Seoul Metropolitan Government (the sale price was increased to KRW 531 million).
According to the above sales contract, the sales price was determined to be paid by dividing it into the down payment, the first through the sixth intermediate payment, and the remainder. The Defendant received a loan from the national bank, and received the down payment, the first intermediate payment, and the first intermediate payment.