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The defendant's KRW 260,000,000 and its relation to the plaintiff shall be 5% per annum from March 24, 2016 to August 21, 2020.
Reasons
1. Basic facts
A. The defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”), and the plaintiff is a person who entered into a sales contract with C as to D and E Co., Ltd. (hereinafter “instant commercial building”).
C is the executor of the construction of the above E-building, and the defendant, as the representative director of the above company, prepared the above sales contract concerning the plaintiff and the commercial building of this case.
B. On December 17, 2014, the Plaintiff entered into a sales contract (a seller: C; the Plaintiff; hereinafter “instant sales contract”) with the Defendant with respect to the instant commercial building at KRW 532 million, and the Plaintiff agreed to pay KRW 60 million out of the sales price and the intermediate payment at KRW 280 million on December 17, 2014, as of the date of the contract, as well as to pay KRW 192 million in return for documents necessary for the registration of ownership transfer on August 30, 2015.
2) On December 17, 2014, the Plaintiff paid to C the sum of KRW 340 million in down payment and intermediate payment according to the instant sales contract. On the same day, the Defendant drafted a receipt that the Plaintiff received KRW 340 million in down payment and intermediate payment out of the instant sales price.
(c)
Around January 2015, the Defendant entered into a real estate trust agreement with G Co., Ltd. (hereinafter “G”) and D land 1,008 square meters (hereinafter “instant commercial site”) as real estate in trust, and entered into a real estate trust agreement with G around March 2016, providing 11 units including the instant commercial site on the ground of the instant commercial site as real estate in trust. On March 24, 2016, the Defendant entered into a real estate trust agreement with G and the instant commercial site as real estate. On March 24, 2016, the Defendant completed the registration of ownership preservation in the instant commercial site as well as the registration of ownership transfer due to the instant trust.
(d)
1) The criminal cases against the defendant are involved.