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1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from June 27, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. On December 29, 2016, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 115,000,000 with respect to the land owned by the Defendant (hereinafter “instant land”) and KRW 15,000,000,000 for the intermediate payment of KRW 30,000 for the intermediate payment, and the intermediate payment of KRW 70,000,000 for the remainder payment of KRW 15,00 on January 15, 2017, and on the transfer of ownership, the Plaintiff agreed to pay KRW 70,000 on April 30, 2017:
(hereinafter “instant sales contract”). Article 2 (Transfer, etc. of Ownership) of the same Act (hereinafter “instant sales contract”). The seller shall receive the balance of the sales price and deliver all documents necessary for the registration of ownership transfer to the purchaser, and cooperate with the registration procedure, and the date of delivery of the said real estate shall be April 30, 201
Article 3 (Extinguishment of Restricted Real Rights, etc.) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or if there is any unpaid amount of taxes and other charges, the seller shall transfer full ownership by removing the defects, burdens, etc. of the said rights
except in cases of rights and amounts agreed to succeed.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, parties to a contract may claim damages from the other party according to the termination of contract.
B. According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 15,000,000 at the time of the contract, and paid the intermediate payment of KRW 30,000,000 on February 2, 2017.
On the other hand, the instant land is located.