손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. Facts of recognition;
A. On January 31, 2012, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant (hereinafter “instant apartment”). On January 31, 2012, Suwon-si C apartment 101 Dong 1602 (hereinafter “instant apartment”).
As to the Plaintiff, the Plaintiff completed the registration of ownership transfer, and sold the instant apartment on March 23, 2012 to the Defendant (hereinafter “instant First Sales Contract”).
(2) The Plaintiff and the Defendant determined the sales price as KRW 50 million under the instant sales contract. Of these, KRW 50 million shall be paid in cash, and KRW 350 million shall be substituted by the Defendant’s acquisition of the secured debt of the right to collateral security established on the instant apartment. The remainder of KRW 100 million shall be substituted by the Defendant’s transfer of ownership of KRW 3305 square meters of land in Gangwon-do-gun D forest land (hereinafter “the instant forest land”) owned by the Defendant to the Plaintiff’s E, but the Defendant divided the ownership of KRW 3305 square meters, which is to be acquired by E by June 30, 2012, and agreed to install a road on the said land.
(hereinafter “Special Agreement on the Payment of the Proceeds of this case”). On the same day, the Defendant paid the Plaintiff the down payment of KRW 20 million under the First Sales Contract.
3) On March 26, 2012, the Defendant paid KRW 30 million to the Plaintiff. On the other hand, according to the special agreement on the payment of the instant price, the Plaintiff entered into a sales contract with the following terms: (a) the purchaser of the instant forest, namely, KRW 305 square meters; (b) the purchase price was determined as KRW 70 million on the date of the contract; and (c) the purchase price was paid in full on the same day; and (d) as a special agreement, the Plaintiff entered into a sales contract with the following terms: (a) on June 30, 2012, the Plaintiff divided the instant forest into KRW 3305 square meters and completed the registration of transfer of ownership (hereinafter “
(4) On March 28, 2012, the Plaintiff completed the registration of ownership transfer on the ground of the instant sales contract for the instant apartment on March 28, 2012, and the Defendant completed the registration of ownership transfer on the ground of the instant sales contract, and the maximum debt amount set on April 5, 2012 is KRW 450 million.