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1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from May 11, 2015 to December 8, 2016, and the following.
Reasons
1. Basic facts
A. On April 13, 2015, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) purchase price of KRW 745,00,00 of the purchase price; (b) KRW 10,000,000 for KRW 10,000 on the date of the contract; and (c) an intermediate payment of KRW 10,000,000 for KRW 635,00,000 for KRW 635,000 for the remainder of the lease deposit with the existing lessee; (d) the obligation to return the lease deposit to the existing lessee; and (e) the remainder of the remainder to pay by February 29, 2016 for the remainder after taking over the secured obligation of the security right established on the said real estate.
(hereinafter “instant trade”). (b)
Accordingly, the Plaintiff paid the Defendant the down payment of KRW 10 million on the day of the instant sales contract, and paid KRW 30 million, which is a part of the intermediate payments stipulated in the instant sales contract.
The Defendant alleged to the effect that the confession was revoked as an intermediate payment on the first date for pleading (the Defendant was led to the confession that he was paid KRW 30 million as an intermediate payment on the second date for pleading, but only received KRW 23 million as an intermediate payment on the second date for pleading, so it is insufficient to acknowledge that the confession was contrary to the truth and due to mistake, and there is no other evidence to acknowledge it. Rather, according to the respective descriptions of evidence No. 4 (Calin messages) and evidence No. 1 (Evidence of Contents) as stated in evidence No. 1, the Defendant urged the Plaintiff to perform the remainder of intermediate payment and the remainder on the premise that he was paid KRW 30 million as part of intermediate payment by the Plaintiff, so the said confession revocation is not effective).
Meanwhile, at the time of the conclusion of the instant sales contract, the instant building consisting of the first floor, studio, 201, 202, and 3 floors, but the following changes have occurred after the conclusion of the instant sales contract.
At the time of the conclusion of a sales contract, the first floor shopping mall after the conclusion of the sales contract is used as a deposit of 5 million won on December 14, 2015, and a monthly rent of 40,000 won.