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1. Defendant D shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from June 15, 2016 to the date of full payment.
Reasons
1. The fact that the Plaintiff is recognized is the owner of “the instant land” (hereinafter collectively referred to as the “instant land”) of “Simju-si E 1193 square meters, F 1702 square meters, G 1250 square meters, G prior to G, and H 2979 square meters.
Around June 2013, the Defendants intended to purchase the instant land to the Plaintiff. Around June 27, 2013, the Plaintiff and Defendant B entered into a sales contract (hereinafter “instant sales contract”) with the following terms in the name of the Plaintiff and Defendant B, and at the same time, there were both the Plaintiff, I, C, and D at the same time:
The sales contract of this case
1. Indication of real estate: Land of this case;
2. Terms and conditions of contract - Amount of KRW 364 million: - Amount of KRW 150 million in the contract amount to be paid and received at the time of the contract - amount of KRW 214 billion in the middle payment to be paid by July 4, 2013; 1) the contract deposit, if the intermediate payment is not paid by July 4, 2013, belongs to the seller; 2) the seller provides all documents for the loan of the buyer.
In the instant land, a collateral security was established regarding the Plaintiff’s loan of KRW 140 million to the North Korea Agricultural Cooperative (hereinafter “North Korea Agricultural Cooperative”), but it was the content of the instant sales contract that “Defendant D obtained a loan of KRW 200 million in Defendant B’s name and repaid the Plaintiff’s loan and paid the balance of the purchase price within a week.”
According to the instant sales contract, on June 27, 2013, the Plaintiff completed the registration of creation of a mortgage on the instant land as the maximum debt amount of KRW 240 million, the debtor B, the debtor of the right to collateral security, and the sampling Agricultural Cooperatives (hereinafter referred to as the “Cregent Agricultural Cooperatives”).
Meanwhile, on June 28, 2013, upon Defendant B’s loan application, Defendant A repaid the Plaintiff’s loan from Paju Agricultural Co., Ltd. to the North Korea Agricultural Co., Ltd (the same date was cancelled) (the instant land’s collateral was cancelled) and transferred the remainder of KRW 60 million to Defendant B’s account in the name of the Defendant.
Defendant C. Defendant C.