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1. The Defendant’s KRW 112,00,000 as well as 5% per annum from December 29, 2015 to February 3, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 16, 1990, the Plaintiff, C, D, and E entered into a sales contract between the Plaintiff, etc. and the Defendant (hereinafter “instant land”) and the Defendant’s answer 2,195 square meters from the Defendant in Gyeyang-si (hereinafter “instant land”).
(A) and G 146 square meters (hereinafter “H site”)
A) The sales price is KRW 247 million, and the agreement is concluded to jointly purchase each of the above lands in proportion to the ratio of the sales price to be borne by each of the parties (hereinafter “instant sales contract”).
(2) The above joint buyers, including the Plaintiff, paid the Defendant a down payment of KRW 60 million on the date of the contract, and paid the Defendant a total of KRW 185 million in the purchase price. Among them, the Plaintiff paid KRW 70 million in the purchase price, KRW 45 million in C, KRW 5 million in the case of C, KRW 52.5 million in the case of D, and KRW 17 million in the case of E, respectively.
3) On January 10, 1991, the Defendant completed the registration of ownership transfer based on sale on January 5, 1991 with respect to the whole G site to D, one of the co-owners of the above G. 4) The Plaintiff was issued a provisional disposition order prohibiting disposal of real estate (Ulsan District Court 99Kahap790, hereinafter “instant provisional disposition order”) with the Defendant’s right to claim the registration of ownership transfer based on sale of the instant land as preserved right. The registration of entry in the above provisional disposition order was completed on July 27, 199.
5. The plaintiff filed a claim for reimbursement against the defendant, "The plaintiff paid interest on loans to the above union by the plaintiff on September 7, 1998 and legal procedure expenses 12,010,992 won to the above union, 5% per annum from September 8, 1998 to May 31, 2003, and 25% per annum from the next day to the day of full payment," and "the defendant violated a sales contract by transferring the entire H site to D, so the plaintiff's purchase price of KRW 70 million and the sales price of KRW 45,50,000,000,000 for the purchase price of KRW 115,550,000 and damages for delay shall be paid to the plaintiff."