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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from April 11, 2017 to August 30, 2019.
Reasons
1. Basic facts
A. On August 11, 2009, the Defendant completed the registration of ownership transfer on July 28, 2009 with respect to C Forest 9,900 square meters (hereinafter “instant land”).
B. From January 201, the Defendant obtained permission to occupy and use the land of 30 square meters (hereinafter “instant occupation and use permit”) among the land D in Ansan-si, Ansan-si, which is a small river site (hereinafter “instant land”) from the Ansan-si market for the purpose of bridge (road access route), and installed a bridge (hereinafter “instant occupation and use permit”) to enter the instant land from the public road on the instant land for occupation and use.
(c)
E completed the registration of the transfer of ownership on July 19, 2016, for the land of this case, due to the sale by auction at will on the same day.
(d)
On April 10, 2017, the Plaintiff concluded a contract with the Defendant to purchase the instant right to occupy and use the instant land in KRW 150,000,000 (hereinafter “instant sales contract”) and agreed to pay the down payment of KRW 100,000,000 on the day of the contract, and the remainder of KRW 50,000,000 on July 10, 2017, respectively, and paid the Defendant the down payment of KRW 100,000,000 on the same day.
E. On October 17, 2017, Defendant and E filed a report on the succession to the rights and duties regarding the occupation and use of this case with the competent authority as the Defendant’s successor and E’s successor.
【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1, 3, and 4 (including branch numbers, if any) and the purport of the whole pleadings
2. In full view of the arguments and judgments, the above-mentioned facts, the above-mentioned evidences, and the purport of Gap evidence Nos. 2 and 6 as a whole, the following circumstances are revealed.
① The Plaintiff did not pay the remainder to the Defendant by July 10, 2017, which is the date of payment of the remainder under the instant sales contract.
However, on September 27, 2017, the Plaintiff paid half of the price of the instant bridge construction to the Defendant by the F Company after the conclusion of the instant sales contract.