매매대금반환
1. The Defendant amounting to KRW 35 million to the Plaintiff and the Plaintiff’s annual rate from January 9, 2018 to August 24, 2018.
1. Facts of recognition;
A. On March 16, 2017, the Plaintiff entered into a sales contract between the Plaintiff (Buyer) and the Defendant (seller) and entered into a sales contract with respect to the size of 1,286 square meters for Pyeongtaek-si E (hereinafter “instant land”) between the Defendant and the Defendant (hereinafter “instant sales contract”) on the following terms:
The purchase price of KRW 30,00,000 and KRW 16.7 million in total ( approximately KRW 389,000,000 in total) shall be paid at the time of a contract, and the balance shall be paid on May 10, 2017, and the payment of the balance as well as the transfer of ownership and the transfer of land shall be simultaneously performed on May 10, 2017, the Defendant shall compensate for the amount double of the down payment at the time of the breach of contract, and the Plaintiff shall not waive the down payment at the time of the breach of contract and shall not claim the return of the down payment. (2) On the other hand, the Defendant, as a proposal for the transaction arranged by the Plaintiff, drafted a business agreement with the purchase price of KRW 234,340,00,000,000 in total, which is twice the actual purchase price
(A) Evidence 8, witness D's testimony. (b)
After the conclusion of the instant sales contract, the Plaintiff paid the Defendant the total sum of KRW 20 million and KRW 25 million, which the Defendant additionally demanded, as part of the sales price, after the conclusion of the instant sales contract.
C. After the remainder payment date, the Plaintiff failed to pay the remainder until May 10, 2017. Accordingly, the remainder payment period expired as the Defendant did not prepare for transfer of ownership and delivery. On October 10, 2017, the Defendant notified the Plaintiff of the performance of the remainder payment, claiming for payment of KRW 28,400,000,000,000, which is the remainder amount under the business contract, rather than the actual payment amount of KRW 91,70,000,000,000,000,000,000,000,000 won. On December 1, 2017, 2017, the Plaintiff did not comply with the request, and then the Plaintiff sent the certificate verifying the content of the rescission of the instant sales contract to the Plaintiff.
The defendant's disposal and recovery of the land of this case.