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1. The Defendant’s KRW 73,689,250 for the Plaintiff and KRW 5% per annum from August 11, 2010 to November 18, 2010 for the Plaintiff.
Reasons
1. Basic facts
A. (1) On April 21, 2007, the Defendant purchased from the Plaintiff the amount of KRW 650 million for the purchase of KRW 331 square meters in Seodaemun-gu, Seoul (hereinafter “the instant real estate”) from the Plaintiff on April 21, 2007. However, within six months from the date the Defendant started constructing a new multi-household on the instant real estate, the Defendant paid KRW 190 million as part of the said payment, and instead paid the remainder, (2) in lieu of the payment of the maximum debt amount, KRW 520 million as to the instant real estate, KRW 40 million as to the amount of the instant real estate, KRW 520 million as to the obligor, and KRW 400 million as to the secured by the right to collateral security (hereinafter “the instant loan obligation”). (3) The Defendant decided to pay the loan amount of KRW 60 million on behalf of the Plaintiff.
(2) On November 17, 2007, the Defendant newly constructed a multi-household house on the instant real estate, instead of paying the Plaintiff KRW 190 million to the Plaintiff on November 17, 2007, KRW 150 million, which is the property value of the said multi-household house 501,000,000,000 that the Defendant obtained from the Defendant, deducted KRW 250,000,000 from the property value of the said multi-household house 501, would substitute for a transfer of ownership of the said multi-household house 501 to the Plaintiff, but the tax burden incurred by the Plaintiff would be liable to the Defendant, and the remainder of KRW 40,00,000,000,000,000,00
(hereinafter referred to as the “instant additional special agreement”). (3) Accordingly, the Defendant did not pay the Plaintiff KRW 40 million to the person designated by the Plaintiff on March 31, 2008, although the Plaintiff completed the registration of transfer of ownership under the name of F on the ground of sale as to the above multi-household 501 (However, building No. 401 in the registration injury).
B. The Plaintiff lent 15 million won to the Defendant on December 5, 2007.
(2) On July 23, 2007, the Plaintiff was responsible for surveying the boundary restoration on behalf of the Defendant.