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1. The Defendant’s KRW 150,000,000 as well as 5% per annum from November 19, 2016 to December 19, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The instant land is indicated as the site of the said building in the general building ledger of the building site of the building site of 1368 5 m2, D, D, 438.4 m2 (hereinafter “instant land”) and E, 152.1 m2 m2 (hereinafter “third m2”) in Gangnam-gun, Gangnam-gun, Gangnam-gun, Gangnam-do, Seoul-do, and the instant land is indicated as the site of the instant building in the general building ledger of the instant building.
In addition, the land Nos. 1 and 2 of this case is designated as H, which is a strong urban planning facility under the National Land Planning and Utilization Act.
B. On August 24, 2016, the Plaintiff purchased each of the instant lands from the Defendant in KRW 3,437,080,000 (around 592.6, a total size of each of the instant lands shall be KRW 592.575 square meters when converting the total size of each of the instant lands into KRW 1,959 square meters. Around ordinary 5.8 million, the Plaintiff agreed to pay KRW 17,780,000 on the date of the contract, which is the difference between the actual purchase price and the sale price, on September 13, 2016, and the remainder of KRW 2,759,300,000 on the date of the contract, and the sales contract was concluded to pay KRW 5.5 million to the Defendant by 00,000 on September 13, 2016, each of the instant contracts was concluded to pay KRW 177,780,000 on September 30, 2000.
On the other hand, the sales contract of this case provides that the seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination of the contract and shall not claim the refund.
(Unless otherwise specified, the terms of cancellation within 24 hours include the following:
C. In order to pay the balance of the instant sales contract, the Plaintiff received notice from the Nonghyup Bank that each of the instant land was offered as security and the loan was impossible. However, from September 19, 2016, the Plaintiff received notice from the Nonghyup Bank.