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1. Defendant B’s KRW 140,000,000 as well as 5% per annum from December 15, 2012 to December 9, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. The ownership transfer agreement and the occurrence of claims arising therefrom are as follows: D on February 17, 2004, on behalf of the Defendant B, the head, and KRW 600,000,000 in the name of Defendant B and two other than Defendant B (hereinafter “each of the instant real estates”).
(2) Upon purchasing the contract deposit, KRW 120,00,000 for the intermediate payment of KRW 180,000 on the date of the contract, the intermediate payment of KRW 180,000 on February 23, 2004, the remainder of KRW 300,000,000 on April 16, 2004, respectively. (2) Defendant B paid KRW 300,000,000 for the remainder of the real estate (hereinafter “the remainder of the instant real estate”) excluding the real estate listed in [Attachment 1 List 1] among each of the instant real estate, to E, with the Government District Court, Macheon Registry, 12536 on April 21, 2004, the registration of the establishment of the mortgage of the debtor D, maximum debt amount of KRW 330,000,000 on the remainder of the instant real estate (hereinafter “the remainder real estate”).
3) On April 6, 2005, Defendant B completed the registration of ownership transfer in its name on the instant real estate on the ground of sale. 4) Meanwhile, the Plaintiff leased D KRW 200,000,000 to D around October 28, 2003, and received reimbursement of KRW 50,000,000 among them on October 28, 2005, and again lent KRW 40,000,000 on April 206, 2006, around August 7, 2007, and D did not pay KRW 260,000,000 received as above.
5 D prepared a written confirmation to the effect that “3/10 of the purchase amount of each real estate of this case was jointly invested by the Plaintiff, and around April 2, 2008, the Plaintiff was registered in the name of Defendant B as the relation where each real estate of this case was designated as a land transaction permission area and residence for more than six months was registered as the acquisition requirements, and the ownership transfer registration or individual registration is possible in the future,” instead of paying the Plaintiff the above KRW 260,000,000,000 to the Plaintiff, and the written confirmation was the Defendant.