약정금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Facts of recognition;
A. On April 9, 2012, the Plaintiff entered into a sales contract with Defendant 1, 200,000,000 won for the purchase price of 2,314 square meters (70 square meters, Plaintiff 19/21, D equity 2/21, hereinafter “instant land”) prior to Yancheon-gun, Yancheon-gun (hereinafter “instant land”) and KRW 50 million for the land in the same Ri, and the purchase price of which is KRW 50 million is to be paid on May 9, 2012 (hereinafter “instant sales contract”). The special agreement is not accompanied by a drawing as follows.
1. He/she shall divide E (170 square meters) into upper tier by the buyer, on the basis of the tombstones currently used, as well as C, in a written contract;
(See drawings) 2. Transfer income tax is fully responsible for the buyer.
3. Auction proceeds with D 2/21 Shares. The seller shall be liable and sold by mutual agreement.
B. On May 9, 2012, the Defendant issued to the Plaintiff a cash storage certificate under the name of the joint Defendant FF farming association (hereinafter “F farming association”) to the effect that the Plaintiff keeps KRW 35 million in the purchase price and KRW 10 million until the time of the registration of ownership transfer of the instant land.
(2) As of May 26, 2012, the Defendant again drafted a real estate sales contract in the name of the Plaintiff and the farming cooperative, stating that the Plaintiff’s share in the instant land is KRW 60 million and the down payment is paid at the time of the contract, and the remainder of KRW 5 million is paid on June 27, 2012, and that the sale and purchase of superficies is included in the special agreement.
(3) On July 10, 2012, the Defendant paid KRW 10 million to the Plaintiff, and completed the registration of ownership transfer with respect to the Plaintiff’s share in the instant land on the ground of sale as of May 26, 2012 in the name of the farming cooperative (the purchase price on the sales contract as of May 26, 2012 is reported as KRW 50 million on the basis of the transaction price as of May 26, 2012). Accordingly, on the ground of sale as of July 11, 2012, the Defendant reported KRW 100 million to the first transaction price as of July 12, 2012.