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The defendant shall pay to the plaintiff KRW 30,548,167 as well as 5% per annum from September 4, 2014 to July 14, 2015 and the next day.
Reasons
Facts of recognition
On June 12, 2002, E, which was under the construction of the Seocho-si D Apartment (hereinafter “instant apartment”) under the name of the C Co., Ltd. (hereinafter “C”), prepared and issued a receipt to the Defendant that he received KRW 30,000,000 as the sale price of the instant apartment as set forth in 806 (hereinafter “the receipt of this case”).
With respect to each apartment of this case, the registration of ownership preservation was completed in the name of C on December 26, 2002, and with respect to the apartment of this case 209 (hereinafter “the building of this case”), the registration of ownership transfer was completed in the name of the plaintiff and with respect to the apartment of this case 309, 409, 809, and 809 (hereinafter “the apartment of this case”) in the name of each of the defendant as well as 103, 105, 106, 107, 108, 109, 203, 205, 206, 207, 303, 305, 306, 701 (hereinafter “the apartment of this case”).
From the end of December 2002 to January 2003, the Plaintiff offered the instant apartment to the Jinjin Saemaul Depository, Bupyeong Agricultural Cooperative, and Gyeyang Agricultural Cooperatives as security, and was loaned an amount equivalent to KRW 2,190,000,000 in total in the name of the Plaintiff, F, G, H, I, J, and K (hereinafter “instant apartment mortgage loan”). The building of this case was completed as of January 8, 2003, the maximum debt amount of KRW 42,00,000,000 with the Daejeon District Court Branch of Daejeon District Court as of January 8, 2003, and the establishment registration of a mortgage (hereinafter “mortgage of this case”).
E’s failure to transfer the instant apartment Nos. 806 to the Defendant according to the instant receipt, and the Defendant filed a complaint against the Defendant around the beginning of 2003 (hereinafter “instant criminal complaint”); and E’s transfer of the instant apartment Nos. 702 to the Defendant, and the Defendant’s obligation of KRW 30,000,000 shall be repaid by E, and the Bank shall pay by the due date.”