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1. The Defendant’s KRW 31,758,920 for the Plaintiff and KRW 5% per annum from March 26, 2016 to September 7, 2016.
Reasons
1. On August 2, 2013, the Plaintiff asserted that: (a) on August 2, 2013, the Plaintiff: (b) sold KRW 23,000,000,000,000 for KRW 130,000; and (c) completed the registration of ownership transfer on August 5, 2013; (b) the Defendant, who is the Plaintiff, is obligated to pay the Plaintiff the remainder of 120,000,000,000 won, and delay damages therefor.
2. Determination
A. The Plaintiff sold the instant real estate at KRW 230 million to the Defendant solely on the basis of the evidence presented by the Plaintiff.
It is not sufficient to recognize that the unpaid balance is KRW 120 million, and there is no other evidence to acknowledge it.
[Attachment, according to the statement of No. 1 (sales Contract), the sale price is KRW 190 million, as seen below. The Plaintiff acquired the instant real estate owned by the Defendant’s mother at the Defendant’s parent’s request and disbursed an amount equivalent to the Defendant’s holding cost, such as loan interest, etc., after which the Plaintiff acquired it by auction. It is difficult to view that the Defendant agreed to pay the Plaintiff KRW 230 million as the purchase price for the instant real estate solely on the circumstance that the Defendant’s parents compensated the Plaintiff for part of the expenses owned by the Defendant’s parents.]
However, comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 through 5, the Plaintiff sold the instant real estate in KRW 190 million to the Defendant on August 2, 2013; the Defendant completed the registration of ownership transfer based on the instant sales contract on August 5, 2013; the Defendant paid KRW 30 million to the Plaintiff on August 2, 2013; and the Defendant paid KRW 128,241,080 to the Plaintiff on August 8, 2013.
According to the above facts of recognition, the defendant was 31,758,920 won (=190 million won-30 million won-128,241,080 won) and the non-paid purchase price with respect to the real estate of this case to the plaintiff.