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1. The Defendant’s KRW 120,000,000 as well as the Plaintiff’s annual rate from April 14, 2006 to July 6, 2016.
Reasons
1. Facts of recognition;
A. On April 13, 2006, the Plaintiff purchased the entire land, buildings, etc. (hereinafter “project site”) of approximately KRW 5,300 square meters in Gyeyang-gu B in Gyeyang-gu, Yangyang-gu and entered into a sales contract with the Defendant, who owns the above C-134 square meters (including buildings, ground objects; hereinafter “instant real estate”) in a project site, in order to promote a project for constructing multi-family housing (multi-family housing), and entered into a sales contract with the Defendant who owns the above C-134 square meters (hereinafter “instant real estate”).
B. In the instant sales contract, the Plaintiff agreed to cancel all matters, such as right to collateral security, provisional seizure, provisional disposition, and right to lease, which are established on the date of the contract, and the remaining KRW 200 million, to the Defendant, on the day of the contract, and the remaining KRW 200,000,000,000 (if the contract deposit exceeds 10%, the balance shall be reverted to part of the intermediate payment). The Defendant agreed to cancel all matters, such as the right to collateral security, provisional seizure, provisional disposition, and right
Accordingly, the plaintiff paid 120 million won to the defendant on the day of the contract.
C. The instant real estate was originally owned by the Defendant’s husband D, and the ownership transfer registration was completed on May 4, 2004 on the ground of donation, but at the time of the instant sales contract, the registration of collateral security (such as gold village agricultural cooperatives with collateral security) was completed as the registration of the right to collateral security (such as the maximum debt amount) and the registration of the provisional disposition that was prohibited from disposing of the instant real estate was completed on May 4, 2004 at the time of the instant sales contract.
However, on October 13, 2008, E revoked the registration of ownership transfer under the name of the defendant by a final and conclusive judgment, and upon the application of gold village agricultural cooperatives, the large number of master plans in the voluntary auction procedure (F of the above court) commenced on the 28th of the same month and the permission for sale was obtained.