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1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from October 30, 2014 to the day of complete payment.
Reasons
1. Fact that there is no dispute over the facts of recognition [based for recognition], Gap evidence 1, 4 through 12, Eul evidence 1-1 and 2, and the purport of the whole pleadings;
A. On July 28, 2010, C purchased the instant land from G who was a de facto owner, and completed the registration of ownership transfer in his/her name on the 29th day of the same month while paying the purchase price in full. On the 29th day of the same month, C completed the registration of establishment of a mortgage-backed credit union, the amount of maximum debt 280,000,000,000 won for the instant real estate.
B. On February 10, 2012, the Nam-ju Credit Union received a decision to voluntarily commence the auction procedure with the Cheongju District Court H on the instant real estate on February 10, 2012. G and C requested the Plaintiff to suspend the auction procedure and cancel the said sales contract by purchasing the instant real estate.
C. On May 29, 2012, the Plaintiff paid KRW 10,000,00 to G. On August 3, 2012, the Plaintiff prepared and issued a written confirmation from G that “the above sales contract shall be terminated upon receiving payment of KRW 80,000,000, out of KRW 145,000,000, and all claims against G are accepted by the Plaintiff.”
On August 3, 2012, the Plaintiff and I purchased the instant real estate from C in the name of 330,60,000,000 won, and paid 60,000,000 won out of the purchase price, and succeed to C’s obligation 200,000,000 won to the Nam-gu Credit Union, and take over C’s obligations to the Nam-gu Credit Union, G, the National Health Insurance Corporation, the reasonable office, and the Heung-gu Office, and decided to substitute for the payment of the purchase price by cancelling provisional attachment by J. 3, 2012, and I completed the registration of ownership transfer on the instant real estate on August 9, 2012.
E. Since then, the Plaintiff’s debt 18,00,000 won to CJ, and national tax debt 35,00,000 won, respectively.