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1. Defendant B:
(a) KRW 120,00,000 as well as 20% per annum from May 9, 2015 to September 30, 2015; and
Reasons
1. Facts of recognition;
A. The attached list 5 real estate M&D forest 1,653 square meters, hereinafter “instant 5 real estate”).
On October 11, 2012, the Plaintiff (Buyer) entered into a sales contract with Defendant B (seller) on the instant five real estate owned by Defendant B, setting the sales amount of KRW 190 million.
The Plaintiff paid to Defendant B the sum of KRW 90 million as down payment (one million as of September 7, 2012 through April 28, 2012, and KRW 50 million as of October 24 of the same year, respectively), intermediate payments, and remainder (one hundred million as of December 1, 2012, and KRW 5 million as of January 16, 2013, and KRW 65 million as of January 28, 201).
B. The “instant real estate” is based on the sequence Nos. 1 to 4 of the attached list, E, 547 square meters, the relevant ground buildings, F forest and fields, G 2,623 square meters, G 608 square meters, and 608 square meters in the attached list, and the “each of the instant real estate” is deemed to be “each of the instant real estate” when fullizing the real estate recorded in the attached list.
On December 15, 2012, the Plaintiff (Lessee) entered into a lease agreement on the instant real estate owned by Defendant B (Lessee) and Defendant B (hereinafter “instant lease agreement”) with the term of KRW 20 million, and the term of the lease from December 15, 2012 to December 15, 2014 (hereinafter “instant lease agreement”), and paid KRW 20 million to the Defendant B the lease deposit on December 17, 2012.
C. The Plaintiff entered into a sales contract for the entire real estate of this case with Defendant B on March 8, 2013 (hereinafter “instant sales contract”) on the entire real estate of this case without having received the registration of ownership transfer even though all of the sales proceeds pursuant to the sales contract for the instant five real estate, and the Plaintiff concluded a sales contract with Defendant B on March 8, 2013 (hereinafter “instant sales contract”). The payment of down payment of KRW 190 million was to substitute for KRW 190 million, which was already paid by the Plaintiff to Defendant B with the sales proceeds for the instant five real estate.
In this case.