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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from November 15, 2006 to January 31, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The non-party D Co., Ltd. (hereinafter “D”) entered into a subcontract with D and the construction cost of KRW 270,000,000,000 out of the construction cost, and the remainder of KRW 250,000,000 out of the construction cost was paid in cash and KRW 1001 (hereinafter “the apartment of this case”) out of the newly constructed apartment.
B. During the construction of the instant construction, E agreed to borrow money from the Plaintiff to transfer the ownership of the instant real estate to the Plaintiff. Accordingly, on October 31, 2006, E drafted an apartment supply contract on behalf of the Plaintiff, on behalf of the Plaintiff, on behalf of the Plaintiff, with the non-party F, who is the D representative director, and on behalf of the Plaintiff, entered into the apartment supply contract on behalf of the Plaintiff. The said contract stated that the apartment sale was fully paid KRW 276,40,000, and the seal of the Defendant and the non-party G Co., Ltd. (hereinafter “G”).
C. On November 1, 2006, the Plaintiff entered into a sales contract with E to purchase the instant apartment in KRW 230 million, and agreed to deposit KRW 50 million as the down payment on November 3, 2006 and the intermediate payment of KRW 50 million on November 15, 2006 into an agricultural cooperative account in the name of E designated by E, with respect to the payment of the purchase price. The remainder agreed to receive and pay the instant apartment after completing the registration of ownership transfer under the name of the Plaintiff after the completion of the instant real estate.
On each day, the Plaintiff deposited KRW 100 million in total the down payment and intermediate payment to the Agricultural Cooperative Account in the name of F.
E. On June 5, 2008, the Plaintiff filed a lawsuit against the Defendant for the registration of transfer of ownership (hereinafter “related prior lawsuit”) with the Incheon District Court Branch Branch 2007Gadan19237, the Plaintiff received the remainder of KRW 130 million from the Plaintiff.