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1. Defendant B’s KRW 262,00,000 and interest rate of KRW 15% per annum from October 18, 2015 to the date of full payment.
Reasons
Basic Facts
On March 27, 2007, the Plaintiff entered into a contract for the sale and purchase of land and the construction of a new building between the Plaintiff and the Defendant, etc., and (1)/2 of each of the real estate listed in the Attachment Nos. 1 through 6 (hereinafter “each of the instant lands”) owned by the Plaintiff, sold at KRW 1,250,000,000 for each of the instant lands, and (2) the Plaintiff agreed to be paid the construction cost of KRW 1,080,000 for each of the instant lands upon obtaining a building permit under the name of the Defendant B, and the construction cost of KRW 2,30,000 for each of the instant lands was KRW 1,080,000 for each of the instant lands.
At the time of the above contract, the Plaintiff agreed to pay KRW 120,000,000 as down payment on March 27, 2007, and KRW 210,000 as the first intermediate payment on May 22, 2007, and the remainder of KRW 2,00,000,000 to the Plaintiff upon completing the construction of the above building, Defendant B provided each of the instant land and its ground buildings to the bank as collateral and to pay the Plaintiff with the loan.
From February 2008, the Plaintiff paid 120,00,000 down payment from Defendant B, intermediate payment of KRW 210,000,000, and Defendant B received KRW 165,00,000, which was appropriated as the purchase price through a certified judicial scrivener C, the Plaintiff’s agent, and paid KRW 92,525,180,00 as the purchase price. The Plaintiff spent KRW 92,525,180 as the cancellation price for each land of this case.
Around April 10, 2007, the Plaintiff and Defendant B concluded a verbal sales contract (hereinafter “instant sales contract”) with the purport that the Plaintiff would sell the entire land of this case to B and would sell the total price of KRW 2,500,000,000,000, on the ground solely based on the one-half share of each land purchased by Defendant B.
After entering into a contract for construction of a new building between the Defendants, the Plaintiff renounced the construction of the said new building; Defendant B awarded a contract to Defendant A for the construction of the said new building to Defendant B on April 2007.
Defendant A is the above building on July 2, 2007.