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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from November 19, 201 to March 14, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 201, the Plaintiff entered into a contract with C to transfer the right to sell each of the buildings of this case, which was delegated with the authority of heading 201, 202, and 402 (hereinafter “each of the buildings of this case”) among the joint housing units D, E, and 44 above-ground-based, Y-si, Y-si, Y-si, Y-si, Y-si, and to acquire the remainder after deducting the security deposit against each of the above buildings from the security deposit against the purchase price claim.
B. After that, the Plaintiff became aware of G in which the construction of the studio building on the ground (hereinafter “studio building”) was suspended at the time of the preceding week. G intended to resume the construction of the studio building by obtaining loans from the Defendant, who is the partner of the instant building, to purchase each of the instant buildings from the Defendant, who is the partner of H, and then, obtain loans from the Defendant as a security of
C. On November 18, 201, H and G, the Plaintiff and the Defendant’s agent, concluded a sales contract with the Defendant to sell each of the instant buildings in KRW 375,00,000 (hereinafter “instant sales contract”) and agreed as follows. On the end of the “special contract for sale” attached to the instant sales contract, H and H entered the “seller, as the seller, G and buyer H” at the end of the “special contract for sale.”
① The Plaintiff shall acquire the right to the studio building (ownership) of G in KRW 60,00,000.
30,000,000 out of the acquisition price shall be offset against the down payment of KRW 30,000,000 out of the purchase price of this case.
(A) In light of the above legal principles, the Plaintiff paid KRW 30,000,000 to the Plaintiff on December 30, 201, and paid KRW 20,000 to the Plaintiff on December 30, 201 and KRW 20,000 to the Plaintiff on December 30, 201.
② The entire security deposit for each of the buildings of this case [=242,00,000 won = 85,000,000 won (= 80,000,000 won) for each of the buildings of this case] shall be succeeded.
(3) Any balance shall be paid by performing loans extended by a bank.
The plaintiff on November 28, 2011.