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1. Defendant B shall pay to the Plaintiff KRW 27,00,000 as well as 20% per annum from December 14, 2013 to the date of full payment.
Reasons
1. Basic facts
A. On January 2, 2006, the Plaintiff transferred KRW 26.9 million to the Defendant B’s account. around that time, the Plaintiff received a receipt for KRW 27 million from Defendant B (hereinafter “instant receipt”). The details of the instant receipt are indicated as “Elet apartment 506 x 2102.”
B. Around January 2006, F prepared a lease agreement on G 507 dong 2012 (hereinafter “instant rental apartment”) with the Gyeonggi-do local public enterprise and Seosung-si 2012 (hereinafter “instant rental apartment”), and paid the down payment of KRW 10,500,000 on January 4, 2006, but did not submit materials proving that he/she is homeless on or around October 2006, F was notified of the revocation of the lease agreement from the Gyeonggi-do local public enterprise.
C. On November 3, 2008, F remitted KRW 10,497,00 to the Plaintiff, and the Plaintiff’s deposit slip of the instant rental apartment contract and the Gyeonggi-do local public corporation issuance is kept.
On January 29, 2009, the Plaintiff filed an application for provisional attachment with respect to the real estate listed in the attached list owned by Defendant B (hereinafter “Defendant B-owned apartment”) with the claim of KRW 27 million based on the receipt of this case as the preserved bond, and completed the registration of provisional attachment on February 9, 2009 (hereinafter “registration of provisional attachment”).
E. Meanwhile, on January 30, 2009, Defendant C entered into a sales contract with Defendant B on the purchase price of KRW 460 million with respect to the apartment owned by Defendant B (hereinafter “instant sales contract”). On February 4, 2009, Defendant C’s provisional registration of ownership transfer claim under the name of Defendant C (hereinafter “instant provisional registration”) was completed on March 6, 2009 as the receipt of the Suwon District Court registry Office of Suwon District on February 4, 2009, as the provisional registration of ownership transfer claim under the name of Defendant C (hereinafter “instant provisional registration”); and accordingly, on April 7, 2009, the provisional registration of this case was revoked ex officio.
(F) The defendant B is written as a notice ex officio on March 6, 2009.