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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from September 6, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 15, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”), among which the real estate listed in the separate sheet No. 2, listed in the separate sheet (hereinafter referred to as “instant building”) at KRW 970 million (i.e., the balance of KRW 100 million intermediate payment of KRW 100 million (hereinafter referred to as “instant sales contract”).
B. The Plaintiff paid a total of KRW 100 million to the Defendant, including KRW 10 million on April 15, 2016 and KRW 90 million on April 22, 2016, as the down payment under the instant sales contract.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. As a result of the appraiser C’s appraisal, the following facts can be acknowledged in full view of the fact-finding results with respect to the head of the ideology and body of the Busan District Court, and only the evidence Nos. 6 is insufficient to reverse the evidence No. 3 and 5.
1) If the instant building was approved for use on November 14, 1990, and was comparisoned with the current status of the general building ledger and the building that obtained approval for use as above, there are many parts illegally extended or removed from the instant building as follows. (A) The instant building has a part illegally extended or removed on the right side of the right side being used as an entrance of the 1st floor, and its size is 11.4 square meters. (b) The instant building was used as an entrance of the 11.4 square meters for the frequency of the 1st floor and the main room, and its size is 20.8 square meters.
C) The general building ledger and the building status map are marked with 11.28 square meters (water 8 square meters). However, in the case of the second floor, there are balconys excluded from the floor area on the floor area on the surface of the building, but there are walls installed on the outer side of the balcony of the second floor, and the existing balcony and the indoor boundary wall are removed.