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1. The Defendant’s KRW 27,400,000 and the Plaintiff’s annual rate of KRW 5% from August 9, 2015 to May 17, 2016.
Reasons
1. Basic facts
A. On July 9, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 198 square meters (hereinafter “instant real estate”) out of KRW 171 square meters (hereinafter “instant real estate”), which is owned by the Defendant, for KRW 44 million (hereinafter “instant contract”) and paid KRW 23 million for the down payment. The main contents of the said contract are as follows.
Down payment of KRW 23 million shall be paid at the time of contract and the balance of KRW 21 million shall be paid on July 15, 2015.
A seller shall deliver all documents necessary for the registration of transfer of ownership at the same time as the receipt of any balance and the delivery of such real estate.
When a seller (sales agent) is in violation of a contract, he/she shall compensate the buyer for the double of the down payment with the penalty, and when the buyer is in violation of the contract deposit, he/she shall not claim the return thereof as penalty
(hereinafter referred to as the “instant special agreement”). The buyer concludes a contract after confirming on-site answers, all public documents, etc., and the seller (sales agent) shall remove the defects and burdens of his/her rights and fully transfer the ownership by removing them from the date of the balance payment.
I consent to subdivision.
Then, if the user wishes, the consent to use the road will be made.
B. The Plaintiff deposited at least KRW 22 million in the Han Bank passbook Co., Ltd. in the Plaintiff’s name from July 14, 2015 to July 21, 2015.
C. (1) On July 16, 2015, an attorney D visited the Defendant’s office with the remainder of KRW 21 million on July 15, 2015, which is the remainder payment date, as the Plaintiff’s agent. The Defendant received the remainder preferentially and then delivered the documents necessary for the registration of ownership transfer to the Plaintiff later.
This is against the contract and transaction practices of this case that provide for the exchange of balance and registration transfer documents at the same time.