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1. The Defendant’s KRW 110,000,000 as well as 5% per annum from September 27, 2016 to November 22, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant’s status 1) Nos. 201, 202, 301, 302, 401, and 502 of C 2, 301, and 502 (hereinafter “instant real estate”).
2) The Plaintiff is the purchaser of the instant real estate.
B. (1) On April 1, 2016, the Plaintiff purchased the instant real estate with the Defendant for KRW 448 million (hereinafter “instant sales contract”) on April 1, 2016 (hereinafter “instant sales contract”).
(2) Upon entering into the instant contract, the original Defendant paid KRW 60 million to the Defendant as down payment. (2) At the time of the instant contract, the original Defendant paid KRW 12,50,000 as down payment to the Plaintiff at the time of the instant contract: (a) in lieu of the payment of the remainder of the secured debt (hereinafter “the instant loan obligation”) of the right to collateral security established on the instant real estate (hereinafter “mortgage”) by the Plaintiff; (b) in addition, 38,00,000 won, which is the amount of the said obligation, shall be deducted from the purchase price; and (c) the remainder of the remainder of KRW 37,50,000,000 (= KRW 448,000; KRW 68,000; KRW 12,50,000; KRW 338,000,000,000 for the instant loan to the Plaintiff on April 5, 2016.
3) On April 5, 2016, the Plaintiff paid a balance of KRW 37,50,000 to the Defendant. (c) On May 23, 2016, the Defendant sent to the Plaintiff a postal certificate of content that “In the event that the Plaintiff did not accept the instant loan obligations even though the Defendant did not reply several times, and the Plaintiff did not perform the obligation to acquire the instant loan obligations, thereby causing damage to the Defendant’s new construction project due to nonperformance of the obligation to acquire the instant loan obligations, the Plaintiff sent the instant sales contract to the Plaintiff on May 24, 2016.”
2. On May 30, 2016, the Defendant revoked the instant sales contract on the ground that “the Plaintiff did not answer the above notice, and thus, would not return the amount received from the Plaintiff.”