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1. The Defendant: (a) KRW 254,50,000 for the Plaintiff and KRW 5% per annum from September 19, 2014 to November 13, 2014; and (b).
Reasons
1. Indication of claim;
A. On October 12, 2013, the Plaintiff entered into a sales contract with the Defendant with respect to the purchase price of KRW 661 square meters of Jongno-gu Seoul Metropolitan Government (hereinafter “instant real estate”), which is KRW 142,00,000,000 (the down payment is KRW 70,000,000 on the date of the contract, and the intermediate payment is KRW 44,50,000 on October 31, 2013, and the remainder amount is KRW 27,50,000 on November 8, 2013), and paid the Defendant the down payment is KRW 70,00,000 on the date of the contract, and the intermediate payment is KRW 40,00,000 on October 14, 2013, respectively.
B. In addition, on November 27, 2013, the Plaintiff concluded a sales contract with respect to the purchase price of KRW 80,000,000 (the down payment of KRW 50,000,000 on the date of the contract, and the remainder of KRW 30,00,000 on December 30, 2013), and paid the Defendant the down payment of KRW 50,00,000 on the date of the contract.
C. However, even if the Defendant did not secure ownership of the instant real estate even until November 8, 2013, the Defendant was awarded the instant real estate during the voluntary auction procedure on February 26, 2014. At present, the Plaintiff notified the Defendant of the cancellation of each of the instant sales contracts from January 30, 2014, and demanded the return of the sales price already paid, on the grounds that the instant real estate was set at a collateral security right equivalent to the maximum debt amount of KRW 900,000,000.
The defendant paid only KRW 37,500,000 to the plaintiff, and prepared a letter of performance to pay KRW 134,500,000 to the plaintiff by adding KRW 12,00,000 to KRW 12,50,000 until July 9, 2014, which had not been refunded the remainder of KRW 122,50,00.
E. Accordingly, the Plaintiff, as a delivery of the duplicate of the complaint of this case, cancelled each of the above sales contract and sought payment of KRW 254,50,000,000, which is the multiples of the above 134,500,000 and the down payment contract deposit, to the Defendant.
2. Judgment without holding any pleadings (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act);