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1. The Defendant’s KRW 215,00,000 as well as 5% per annum from April 4, 2017 to May 9, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On March 30, 2015, C purchased 461 square meters in Ulsan-gun D, Ulsan-gun, 461 square meters in size, E road 20 square meters in size, and F 819 square meters in size (hereinafter “each of the instant lands”) in a voluntary auction proceeding with G and H, and completed the registration of ownership transfer under the name of Ulsan District Court No. 60455 on March 30, 2015 with respect to each of the instant lands.
B. C, G, and H (hereinafter “C, etc.”) planned to construct a building on each of the instant lands, but failed to complete construction, etc. on each of the instant lands, and sold each of the instant lands to the Defendant on February 23, 2016 (hereinafter “instant sales contract”). The Defendant completed the registration of ownership transfer on each of the instant lands on February 24, 2016.
The main contents of the instant sales contract are as follows.
Real estate sales contract
1. Ulsan-gun, Ulsan-gun, Ulsan-gun, the location where real estate is indicated, the nearest 461 square meters, Ulsan-gun, the nearest 20 square meters E of the 20 square meters Ulsan-gun, the nearest 819 square meters;
2. As to the sale of the above real estate under Article 1 (1) of the contract terms, C, etc. and the defendant shall pay the purchase price by agreement as follows.
The amount of the purchase price shall be KRW 930,000,000, the amount of the loan shall be KRW 930,000,000 (I.D.).
The balance of this billion won shall be paid on February 23, 2016.
C, etc. and the defendant both enter into a sales contract for the following real estate:
Matters of special agreement
1. The land will be relocated only, and the removal of any unbuilt building shall be held liable by C, etc.;
2. Loans shall be repaid with a loan that has been succeeded within ten days from the date of transfer;
3. The provisional disposition shall be the one liable for the defendant.
4. The interest and early repayment fees incurred after the transfer of ownership shall be borne by the defendant.
C. At the time of the conclusion of the instant sales contract, each of the instant lands was under the name of the creditor J as the Ulsan District Court No. 217498, Oct. 7, 2015.