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1. The Defendant’s KRW 115,171,160 to the Plaintiff and the Plaintiff’s annual rate of KRW 5% from January 29, 2015 to December 4, 2015.
Reasons
1. Facts of recognition;
A. A. Around July 23, 2007, the Plaintiff and the Defendant shared expenses at the ratio of 60:40, and the Plaintiff and the Defendant purchased real estate adjacent to sand president and has a strong winding, and subsequently agreed to sell pentine in lots (hereinafter “instant agreement”). The Plaintiff agreed to purchase land, construct, permit, sell, etc., to the Defendant.
B. In accordance with the instant agreement, the Plaintiff and the Defendant purchased the shares of KRW 208/171/171 of the 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
C. On July 23, 2007, the Plaintiff paid the down payment of KRW 21.6 million, the intermediate payment of KRW 84.3 million on August 20, 2007, and the remainder of KRW 63.9 million on October 10, 2007, respectively. On October 15, 2007, the Plaintiff filed a registration of the right to claim partial transfer of ownership of the instant land in the name of E, the Plaintiff’s children, and F, the Defendant’s children, respectively.
In addition, upon the Defendant’s request, the Plaintiff paid KRW 15,371,160 on a yearly interest of KRW 6.31% on the collateral security interest of the Nonghyup Cooperatives established on the instant land from October 2007 to July 29, 2012.
E. However, unlike the land initially shown by the Defendant, the instant land did not have a location near the sand president, and was a land that cannot be constructed, and the transaction price was merely 11,400 won per square meter.
F. The instant land was sold on January 29, 2015 by the voluntary decision to commence auction at the Incheon District Court (G) on January 29, 2014, and accordingly, the registration of the right to partial transfer of ownership under E and F was revoked.
[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the main claim
A. According to the above fact of recognition of the occurrence of damages liability, the defendant is adequate to sell the penture in accordance with the agreement of this case.