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1. The Defendant’s KRW 60 million with respect to the Plaintiff and 5% per annum from October 25, 2016 to May 11, 2017.
Reasons
1. Basic facts
A. On February 3, 1988, the Plaintiff purchased 788/970 shares among 320.6 square meters in Suwon-gu, Busan (hereinafter “instant land”) and occupied and used the remainder of 182/970 shares and the instant land by dividing them into shares in shares, and owned a single-story building on that ground.
B. On June 13, 2013, Plaintiff D (the Defendant’s mother) concluded a sales contract with Nonparty D (the Plaintiff’s mother) on the following grounds: (a) KRW 300 million in sales price; (b) KRW 300 million in sales price; and (c) the intermediate payment of KRW 30 million in sales price; and (d) the intermediate payment of KRW 170 million in sales price on August 30, 2013; and (b) the intermediate payment of KRW 100 million in sales price on September 30, 2013; and (c) concluded a sales contract with Nonparty D (the Defendant’s mother’s mother’s mother’s KRW 170 million in sales payment on September 30, 2013.
(hereinafter referred to as “the primary contract”). (c)
In the event that the Defendant did not pay part payments, the Plaintiff purchased F’s 182/970 shares of the instant land on September 16, 2013 at the recommendation of E, and entrusted E with the construction of 7-household multi-household housing on the instant land.
With respect to 7 households constructed on October 8, 2014, the Plaintiff completed the registration of initial ownership, and on January 6, 2015, the Plaintiff entered into a contract to sell KRW 301 among them (hereinafter “instant loan”) to the Defendant in KRW 189 million and agreed to pay the full purchase price in lump sum on the date of the contract with the special agreement.
(hereinafter referred to as “second contract”). (e)
In the absence of payment under the second contract, the Defendant occupied the instant loan in the instant loan, and paid 430,000 won per month to the Plaintiff from May 2015.
F. On August 22, 2016, the Plaintiff prepared a real estate sales contract with the Defendant and issued documents necessary for the registration of transfer of ownership, setting the sales price of the loan of this case as KRW 175 million with the Defendant and the Defendant.
hereinafter referred to as "third contract".
g. The three contracts cover KRW 175 million for the purchase price.