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1. The Defendant’s KRW 145,00,000 for the Plaintiff and 5% per annum from January 1, 2013 to December 6, 2013.
Reasons
1. Facts of recognition;
A. The Plaintiff shared 3/10 shares in Sejong Special Self-Governing City C large 540 square meters and its ground buildings (hereinafter “each of the instant real estate”) and D 7/10 shares in common.
B. On September 25, 2012, the Plaintiff and D concluded a sales contract with the Defendant to sell each of the instant real estate at KRW 420 million (hereinafter “instant sales contract”).
(However, as to the sales price in the sales contract, the Defendant asserts that the sales price in the sales contract in this case is KRW 400 million, but in light of the written evidence Nos. 3 and 6, it is reasonable to view that the sales price in this case is KRW 420 million.
C. According to the instant sales contract, the Defendant paid to the Plaintiff KRW 100 million on September 26, 2012, and KRW 275 million on December 6, 2012, in total, KRW 275 million (= KRW 175 million) as sales price.
In addition, on December 6, 2012, the Plaintiff prepared and completed a document (Evidence A 3) stating that “the Plaintiff would pay the Plaintiff not later than December 31, 2012, from the Defendant the amount payable KRW 145 million out of the instant purchase price, the remaining amount after deducting KRW 275 million from the amount paid in KRW 420 million.” On the same day, the Plaintiff completed the registration of ownership transfer in the Defendant’s future for each of the instant real estate on the same day.
Meanwhile, the Plaintiff paid D the sum of KRW 294 million (= KRW 420 million x 7/10) up to December 10, 2012, including remitting KRW 149730,000,000 to D, out of the sales price of each of the instant real estate, as the share of D on September 26, 2012, and remitting KRW 149,730,000 to D on December 6, 2012.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, barring any special circumstance, the Defendant shall pay the Plaintiff the remaining purchase price of KRW 145 million from January 1, 2013, which is the day following the agreed repayment date.