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1. The Defendant’s KRW 40,842,633 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2015 to August 23, 2016.
Reasons
1. Basic facts
A. The first floor and the third floor of the ground in Seo-gu Daejeon (hereinafter “instant commercial building”) are composed of 31 stores. (b) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) entrusted the instant commercial building from the comprehensive construction of reputation, sold 31 stores in the instant commercial building in the form of a 8,283,800,000 by a single private contract on June 7, 2012, upon receipt of a trust from the instant commercial building, KRW 31 stores in the instant commercial building in the form of KRW 8,283,80,000. Of the said stores, the supply amount was set at KRW 106,5 square meters in the exclusive area of KRW 31.5 square meters in the instant commercial building (hereinafter “instant store”).
C. On March 15, 2013, the Defendant acquired all the buyer’s status as to 31 stores in the instant commercial building in relation to IMD’s Korea Asset Trust. The sales price for the instant commercial building was KRW 214,546,464.
1) On June 28, 2013, the Plaintiff purchased the instant store with the Defendant at KRW 431,573,670 (hereinafter “instant sales contract”).
(2) Of the instant sales contract, the part relating to the instant case is as follows: (a) on the same day, the Defendant paid KRW 147,00,000 to the Defendant as the down payment and intermediate payment.
Article 7 (Cancellation of Contracts and Compensation for Damages) of the amount of 86,314,734, 734, 129, 472, 101 86,314, 734, 734, 129, 772, and 101 of the total sale price of real estate (sale) in the contract for sale of real estate (sale)
1. In the event that the Plaintiff committed any of the following acts, the Plaintiff would not raise an objection even if the Defendant unilaterally cancelled this contract without taking other procedures, such as the peremptory notice to the Plaintiff, and re-saleed the indicated items whose contract had been cancelled.
Where the Plaintiff does not pay the part payment of the contract within one month from the date of the agreement;
B. Where the Plaintiff does not pay the balance within 30 days from the date of the agreement
2. The Plaintiff is subject to termination of this contract on the grounds set forth in the subparagraphs of paragraph (1).