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1. The Defendant’s KRW 37,416,659 as well as 5% per annum from May 31, 2014 to April 7, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On January 2, 2013, the Plaintiff entered into a contract with the purchase price of KRW 161,00,000 [the instant housing amounting to KRW 25 million at the time of entering into a contract, an intermediate payment of KRW 64,000,000,000,000, KRW 72,000,000 (the remaining KRW 42,000,000,000 at the time of transfer of ownership, the remainder of KRW 30,000,000) and KRW 30,000,000,000 (the remaining KRW 42,00,000,000) at the time of transfer of ownership, and the registration for preservation of ownership] (hereinafter referred to as “instant sales contract”).
B. On January 2, 2013, the date of entering into the instant contract, the Plaintiff paid the Defendant a down payment of KRW 25 million, which is the date of entering into the instant contract, and moved in on January 5, 2013, where the completion inspection and the registration of ownership preservation have not been completed. On January 9, 2013, the Plaintiff deposited KRW 49 million out of the intermediate payment of KRW 64 million, and paid the remainder KRW 15 million later.
C. On July 2013, when the Plaintiff paid down down payment and intermediate payment of KRW 72.5 million, the Plaintiff raised an issue of noise between floors to the Defendant, and the Defendant demanded the bank to resolve the part of the capital until its directors. On August 9, 2013, the Plaintiff and the Defendant agreed to cancel the instant sales contract with the effect that the Plaintiff bears KRW 1.5 million to the Defendant.
On September 9, 2013, the Defendant agreed between the Plaintiff and the Plaintiff to return the said KRW 72.5 million to the Plaintiff by October 30, 2013 (hereinafter “instant agreement”). The Defendant paid KRW 35 million out of the instant agreed amount without any specific objection by October 28, 2013.
E. Around October 9, 2013, the Plaintiff returned the instant house to the Defendant. Of public charges, such as water rates, the Plaintiff paid a total of KRW 9,210 on June 2013, 2013, KRW 12,710 on July 7, 2013, KRW 13,930 on August 8, 2013, KRW 9.30 on September 12,202, KRW 8,350 on October 8,350, and KRW 26,851 on June 9, 2013 on the aggregate of public charges (= KRW 8,880 on the water rate of KRW 17,971 on the public electricity rate), KRW 83,341 on the aggregate.