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1. The Defendant’s KRW 20 million and the Plaintiff’s annual rate from February 9, 2013 to May 31, 2017, as follows.
Reasons
1. Basic facts
A. On March 26, 2010, the registration of ownership transfer on the ground of sale on January 4, 2010 (hereinafter “instant registration of ownership transfer”) was completed in relation to the land of 165917 square meters (hereinafter “instant land”) in Jeonnam-do, Jeonnam-do, the non-party deceased C (the deceased on January 6, 2010, hereinafter “the deceased”).
B. On August 4, 2010, Nonparty E, one of the deceased’s successors, asserted that the registration of transfer of ownership of this case was invalid, and completed a provisional disposition registration with respect to the land of this case as the court 2010Kahap195, and filed a lawsuit against the Defendant, etc. for filing a claim for the registration of cancellation of ownership (hereinafter “related lawsuit”).
C. On February 15, 201, Nonparty G, who is an employee of the F judicial scrivener’s office located in the Jeonnam-gun, drafted a sales contract with respect to the instant land upon request of the Plaintiff, etc. at the above office.
At the time, the Plaintiff first sealed the above contract, and later, the Defendant found the above office and sealed his seal on the contract (hereinafter “instant contract”). The Plaintiff deposited the down payment of KRW 20 million into the Defendant’s account.
(1) A seller: The seller: (3) The seller: 44 million won (the contract deposit of KRW 20 million, the remaining amount of KRW 24 million), and the special agreement: The remainder amount of KRW 24 million shall be paid after the judgment of the court in progress becomes final and conclusive, and the down payment shall be refunded if the contract becomes null and void in accordance with the judgment.
After that, the judgment ordering the cancellation of the ownership transfer registration of this case becomes final and conclusive in the related lawsuit, and the ownership transfer registration of this case was cancelled on November 5, 2015 upon E’s subrogation application for the preservation of claims under the above judgment.
Grounds for recognition: Facts without dispute, Gap 1, 2, Gap 5-2, .