매매대금반환
1. Of the instant lawsuits, KRW 540,127,396 and KRW 225,620,547 among them shall be from September 27, 2013, and KRW 314,506,849.
1. Basic facts
A. On December 27, 2010, the Plaintiff and the Defendant entered into a contract with the Defendant to purchase KRW 3,400,000,000 in the purchase price (hereinafter “instant contract”) of KRW 1611,50 square meters of land allotted in recompense for development outlay 11,500 square meters (hereinafter “11,495 square meters in the school site Seo-dong 1212, Seo-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Plaintiff, which was substituted pursuant to a replotting disposition after a replotting disposition, as a result of the instant replotting disposition, (hereinafter “instant land”).
In the instant contract, the Plaintiff and the Defendant agreed to pay KRW 300,000 on December 27, 2010, the down payment of KRW 300,000,000, the first intermediate payment of KRW 200,000 on December 30, 2010, the second intermediate payment of KRW 500,000,000 on January 30, 201, and the third intermediate payment of KRW 500,000 on February 28, 201, and the remainder of KRW 1,90,00,000 at the same time as the transfer registration after approval of a replotting disposition.
B. Meanwhile, before entering into the instant contract with the Plaintiff, the Defendant filed a lawsuit against Heung Construction Co., Ltd. (hereinafter “Jung Construction”), which was the executor of the land partitioning project (hereinafter “Pung Construction”), to cancel the ownership transfer registration on the land allotted by the Defendant, including the land allotted by the authorities in recompense for development outlay as the construction cost, etc., on the 11st parcel of land, including the land allotted by the Defendant in recompense Construction Co., Ltd. (hereinafter “the claim for cancellation of the owner’s change and cancellation procedure”).
Accordingly, while entering into the instant contract, the Plaintiff and the Defendant determined that “the legal disputes related to the instant land, etc. shall be dealt with by the Defendant, and if the final and conclusive judgment against the Defendant was concluded, the instant contract may be rescinded.”
(Article 6 and Section 3 of the Clause of this case (hereinafter “the Clause of this case”).
The plaintiff is the defendant under the contract of this case.