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1. The Defendant’s KRW 450,000,000 as well as the Plaintiff’s annual rate of 5% from January 14, 2017 to July 6, 2017.
Reasons
1. Basic facts
A. (1) On April 28, 2015, C and the Defendant entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 3.1 billion (hereinafter “instant primary sales contract”), and C paid the down payment to the Defendant on the date of the contract.
(2) In the instant sales contract, C paid the remainder of KRW 2.8 billion to the Defendant on August 28, 2015, and the Defendant agreed to transfer full ownership to C by removing all the grounds for restricting the exercise of ownership, such as mortgages, superficies, leases, etc. established on the instant real estate by the date of payment of the remainder.
B. After that, on February 18, 2016, the Plaintiff and the Defendant entered into a new sales contract (hereinafter “instant secondary sales contract”) by changing the purchaser from C to the Plaintiff, and from 3.1 billion won to 3.13 billion won, the purchase price was changed to 3.1 billion won. The main contents of the instant secondary sales contract are real estate sales contracts.
1. Indication of real estate: Real estate as stated in the separate sheet;
2. Article 1(1) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the above real estate:
The remainder of KRW 2,830,000,000 as a down payment of KRW 300,000,000 shall be paid up to March 29, 2016 to the National Federation of National Federation of Fisheries Cooperatives (the principal of the debt: KRW 1,80,000,000) as an intermediate payment of KRW 2,160,000,000, not an intermediate payment of KRW 2,830,000.
Article 2 (Transfer, etc. of Ownership) Any seller shall deliver all the documents required for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance, and cooperate with the registration procedures, and the delivery of the said real estate shall
Article 5 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall make a written statement to the person who has defaulted.