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1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from December 24, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On September 16, 2003, the Plaintiff received through C a letter of payment signed and sealed by the Defendant from the Defendant (hereinafter “instant letter of payment”).
The indication of real estate: Each letter of five parcels (8.620,000 square meters) other than the Kuwon-gun, one of the successors to the real estate, whose shares are about 9,50,000 square meters, shall be paid to the Plaintiff as the top priority in selling the real estate.
Around the end of 199, the Defendant decided to sell shares in six lands, including D, E, F, G, H, and I (hereinafter “each of the instant real property”), to the J as the intermediary of C, and received KRW 70 million under the pretext of contract deposit, etc., there was a complaint from J as a crime of fraud by around that time. Around 2010, the Defendant again filed a complaint for a crime of breach of trust by the Seoul Northern District Prosecutors’ Office on July 23, 2010.
C. From September 30, 2009 to July 6, 2011, each registration of ownership preservation was completed in the name of the defendant for each of the instant real estate, and the registration of ownership transfer was completed in the name of a third party for each transaction based on the judgment or sales contract.
[Ground of recognition] A without any dispute, Gap evidence Nos. 1 through 3 [Evidence Nos. 1 (U. 1) is established in accordance with the purport of the whole testimony and pleading of the witness C as seen earlier, and the defendant has no evidence to prove that the above document was forged, but there is no evidence to prove that it was forged], Eul's statement Nos. 1 and 2, Eul's testimony, and the purport of whole pleadings
2. Determination
A. The Plaintiff had one promissory note with a face value of KRW 300 million issued by J. However, the Defendant already sold each of the instant real estate to the Plaintiff on the ground that the Defendant would sell each of the instant real estate and pay KRW 150 million if the said promissory note was transferred to the Plaintiff. As such, the Defendant already sold each of the instant real estate to the Defendant upon receiving the instant payment note.