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1. The Defendant’s KRW 60,000,000 and the following day shall be 5% per annum from March 3, 2016 to February 15, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of Seongdong-gu, Changwon-si B, Seongdong-gu, 1022.5 square meters (hereinafter “instant land”). The Defendant entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), and implements a new construction project of officetels with the size of 16 above the 6th ground level above the 6th ground level above the 16th ground level above the 3rd ground level below the Changwon-si, Changwon-si.
B. Around April 7, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Defendant to lease the instant land owned by the Plaintiff at KRW 240,000 on April 17, 2014, with a view to using it as a new site for model cargo construction (hereinafter “instant lease agreement”).
C. Around that time, the Defendant entered into a sublease contract on the instant land with the Korea Land Trust with the consent of the Plaintiff, and KRW 240,000,000 under the instant lease agreement was directly paid to the Plaintiff by the Korea Land Trust.
The defendant has installed an officetel model house (hereinafter referred to as the “instant model house”) on the land of this case, and has performed the sales business at the same time.
E. Korea’s land trust removed the instant model voucher around September 7, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 3, 4, Eul evidence 1 and 3, witness D's testimony, the purport of the whole pleadings
2. The parties' assertion and judgment
A. On April 23, 2014, the Plaintiff gave a loan of KRW 120,000 to the Defendant upon the Defendant’s request after the conclusion of the instant lease agreement. However, the Defendant did not pay KRW 60,000,000 in addition to the repayment of KRW 60,000 among them. (2) The Plaintiff and the Defendant agreed to set the lease period at two years at the time of the first conclusion of the instant lease agreement, but paid the lease period at two years thereafter, but the lease period at one year thereafter is reduced.