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1. The defendant shall pay to the plaintiff KRW 29,50,000 and its interest shall be paid to the plaintiff from the day immediately following the day this judgment becomes final and conclusive to the day of full payment.
Reasons
1. Basic facts
A. C signed a contract on behalf of the Defendant, on January 2, 2015, to purchase KRW 215,000,000 from D, on behalf of the Plaintiff on behalf of the Defendant, “Syang-gu Eng-dong 202 (hereinafter “the instant loan”).
B. Around the time the Defendant entered into the sales contract for the instant loan, the construction was completed at least 80% of the loan, and was completed on March 27, 2015, and was approved by the competent authority.
C. On April 28, 2015, the Defendant completed the registration of initial ownership of the instant loan in the name of the Defendant. The amount paid by the Defendant to the Plaintiff on the purchase price for the instant loan is KRW 130,000,000 ( KRW 20,000,000 on January 2, 2015, around January 6, 2015) ( KRW 50,000,000 on June 10, 2015, around 18,000,000 on June 13, 2015).
【Ground for Recognition: Facts without dispute, Gap's 1, 3, 4, Eul's evidence 1 (including provisional number), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff decided to sell the instant loan at KRW 215,00,000 to the Defendant, and accordingly completed the registration of ownership preservation in the name of the Defendant, and then transferred the loan to the Defendant. The Plaintiff sought 85,000,000 of the outstanding sale balance and damages for delay.
B. On July 13, 2015, the Plaintiff and the Defendant agreed to KRW 130,000,000 on the instant loan’s purchase price, and the Defendant transferred KRW 42,00,000 to the Defendant’s side (referring to the Defendant or the Defendant’s mother C; hereinafter the same shall apply) around the above time, and the settlement of the purchase price was completed.
However, unlike the contract (23.20 square meters), the actual area is 17.65 square meters in the building register of 49.37 square meters in exclusive use section on the register of 17.37 square meters in 17.5 square meters in 17.5 square meters in 17.5 square meters in 17.5 square meters in 17.65 square meters in 17.5 square meters in 2005 square meters in 3 square meters in 2000 square meters in 17.65 square meters in 2000.