beta
Text
1. The Defendant’s KRW 33,00,000 as well as the annual rate of KRW 5% from March 4, 2013 to January 5, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 15, 2013, the Plaintiff concluded a sales contract with the Defendant to purchase Gangdong-gu Seoul Metropolitan Government 101 Dong 1205 (hereinafter “instant apartment”) with the purchase price of KRW 330 million, down payment of KRW 330 million, and down payment of KRW 330 million (hereinafter “instant sales contract”). At the time, the Defendant notified the Plaintiff that the right to collateral security against the Defendant’s bank was set up for the instant apartment.
B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 33 million in total, including KRW 9 million on February 15, 2013, KRW 5 million on February 18, 2013, and KRW 19 million on February 21, 2013.
C. In order to prepare a sales contract, the Plaintiff confirmed a certified copy of the register on the apartment of this case. As to the apartment of this case, the Plaintiff became aware that, in addition to the secured debt of KRW 180 million against the national bank notified by the Defendant at the time of the contract, the secured debt of KRW 300 million against D, and the secured debt of KRW 40 million against E, respectively.
Accordingly, on March 5, 2013, the Plaintiff, upon protesting to the Defendant, sent a certification of the content of “the purport that the instant apartment cannot be purchased on the grounds that the sum of the maximum debt amount of the right to collateral security established on the instant apartment is different from that notified by the Defendant at the time of the instant sales contract, thereby demanding the refund of the down payment.”
Even after the delivery of content certification, the Plaintiff demanded the Defendant to obtain a written confirmation on the actual secured obligation of each of the collateral security obligations against D and E prior to the preparation of the sales contract, but the Defendant did not comply therewith and received any balance from the Plaintiff, thereby cancelling all the registration of establishment of each of the collateral security obligations on the instant apartment. Therefore, the Plaintiff first demanded the preparation of a sales contract.
E. Meanwhile, the defendant is the plaintiff.