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1. The defendant shall pay 146,70,000 won to the plaintiff and 15% per annum from May 19, 2018 to the date of complete payment.
Reasons
1. The facts of the basis are as follows: “The reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of removing the previous buildings on the ground of the total area of 3,958m2 in Bupyeong-gu, Seocheon-gu and constructing new apartment houses, etc.; “The real estate (hereinafter “instant real estate”) was not consented to the establishment of the Defendant; the Defendant, “The Plaintiff (the Plaintiff of this case) against the Plaintiff on the ground of a claim for sale under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Defendant of this case”) was paid KRW 146,70,000 from the Plaintiff (the Plaintiff of this case) at the time of receiving payment of KRW 146,70,000 from the Plaintiff on September 6, 2017; the procedure for the registration of ownership transfer was completed on the ground of sale in the instant real estate; and the delivery of the instant real estate was filed on May 18, 2018.
2. Determination as to the cause of action
A. On May 6, 2018, the Plaintiff asserted that the instant real estate was a director from the instant real estate, and around May 9, 2015, notified the Defendant of the delivery of the instant real estate and the receipt of documents necessary for the registration of transfer of ownership, and provided the performance of the obligation to deliver the instant real estate and to transfer ownership.
Therefore, the defendant is obligated to pay to the plaintiff the purchase price of KRW 146,700,00 and damages for delay from the day following the delivery of a copy of the complaint of this case.
B. With respect to the Plaintiff’s obligation to deliver the instant real estate in relation to the Defendant’s obligation to pay the purchase price as asserted by the Defendant, the Plaintiff cannot be deemed to have provided lawful performance of the duty to deliver the instant real estate by left clothes and flowerss on the instant real estate. The Defendant’s act on July 30, 2018 on behalf of the Plaintiff.