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1. The Defendant shall pay to the Plaintiff KRW 68,523,520 and the interest rate of KRW 15% per annum from April 29, 2017 to the day of complete payment.
Reasons
Basic Facts
On April 4, 2016, the Plaintiff: (a) awarded a successful bid for land and building D (hereinafter “instant real estate”) in the Suwon District Court-nam Branch C Voluntary Auction case; and (b) completely paid the successful bid price; and (c) completed the registration of ownership transfer on May 10, 2016.
The Defendant leased and occupied the instant real estate in the monthly rent of KRW 7,500,000 from E, the former owner of the instant real estate, and used the instant real estate as a livek factory.
The Plaintiff filed an order to deliver real estate with the court where the Defendant did not deliver the instant real estate on June 21, 2016, and received the order to deliver real estate on October 21, 2016, and kept the Defendant’s machinery, materials, and goods in custody. At the time, the Plaintiff paid F with KRW 1,100,000 as the cost of removing factory machinery, and paid KRW 1,100,000 as the cost of guard for preventing the Defendant’s resistance, and paid KRW 80,000 to installCCTV to preserve the place of compulsory execution and prevent theft of goods.
On October 30, 2016, the Defendant, with the Plaintiff’s consent, carried out the church house remaining in the instant real estate, and on October 31, 2016, prepared a written confirmation (Evidence No. 17-11) stating that the goods recorded in the list of stored goods (Evidence No. 17-1) prepared at the time of carrying out the delivery after taking out the goods in custody of the Plaintiff, and issued it to the Plaintiff.
After all, the Plaintiff requested the Defendant to transfer industrial wastes, such as dykes, and dykes, remaining in the instant real estate through content-certified mail, but the Plaintiff refused to comply with the Defendant and performed the work of dismantling and disposing of waste by bringing the Plaintiff’s money of KRW 4,100,000 on January 13, 2017, and paid the overdue electricity fee of KRW 1,423,520 on behalf of the Defendant.
[Reasons for Recognition] There is no dispute, Gap evidence 1 through 17 (including the serial number), Eul evidence 1, and arguments.