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1. The Defendant’s KRW 99,000,000, and its interest thereon, were 19% per annum from March 28, 2012 to April 23, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 25, 2011, the Defendant was awarded a successful bid for Nos. 101, 201, 301, and 401 of Jung-gu Seoul Central District Court (hereinafter in this case, “instant real estate”) with respect to Nos. 101, the Defendant completed the registration of ownership transfer under the Seoul Central District Court’s Branch Registry No. 14434, Mar. 21, 201; No. 14435 for Nos. 201; No. 14436 for No. 301; No. 14436 for No. 301; and No. 401 for No. 401.
B. On October 17, 201, the Plaintiff and C entered into a sales contract with the purchase price of KRW 1,900,000,000 for the instant real estate, KRW 200,000 for the down payment, KRW 1,700,000 for the remainder payment, KRW 1,700,000 for the remainder payment, and KRW 200,000 for the remainder payment period (hereinafter “instant sales contract”) and the Plaintiff paid the Defendant the down payment of KRW 200,000 for the same day.
C. As to subparagraph 101 of the instant real estate, the registration for transfer of ownership was completed in the D future as of April 5, 2012 by the Seoul Central District Court No. 17283, the Seoul Central District Court’s Branch Office’s receipt on February 20, 2012, and as to subparagraph 201, the registration for transfer of ownership was completed in the D future as of March 28, 2012 by the same registry office’s receipt on February 20, 2012.
With respect to subparagraph 301 of the instant real estate, the registration of transfer of ownership based on the sale on June 27, 2013, which was received by the Seoul Central District Court Branch No. 32343, Jun. 27, 2013, as the Seoul Central District Court No. 32343, Jun. 27, 2013, E, and with respect to subparagraph 401 of the instant real estate, the registration of transfer of ownership based on the sale on March 20, 2012, as the receipt of No. 21687, Mar. 20, 2012,
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6 to 10 evidence, 12 to 22 evidence, Eul evidence 1 to 12, witness E's testimony and the purport of whole pleadings
2. Determination
A. After the Plaintiff’s assertion 1 of the parties, the Plaintiff and the Defendant agreed to pay the down payment of 19% per annum in addition to the down payment paid by the Plaintiff, if the buyer is changed.