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1. The Defendant: (a) KRW 140,00,000 for the Plaintiff and 5% per annum from April 23, 2015 to July 22, 2016.
Reasons
1. Basic facts
A. The Plaintiff and C shared the Plaintiff’s share of 4/5 shares, and 1/5 shares of 4/5 shares, and 3 shares of 1937 square meters, E, 1431 square meters, F, 1246 square meters, G, and 559 square meters (hereinafter “instant land”).
B. The Plaintiff and C intended to develop the instant land. The Plaintiff and C were located in the central and access roads of the instant land, 12 square meters prior to H, 12 square meters prior to J, 12 square meters prior to K, 567 square meters prior to K, and 45 square meters prior to L (hereinafter “state-owned land”). Therefore, in order to obtain a development permit for the instant land, it was necessary to purchase the said state-owned land.
C. From that point of view, the Plaintiff discussed the situation where the Plaintiff should purchase the State-owned land as above to the Defendant, and the Defendant expressed his intent to participate as a 10% equity right holder of the land of this case, and thereafter, on June 22, 2004 between the Plaintiff and the Defendant, a sales contract was formulated with the content that the Plaintiff would sell 1/10 shares of the land of this case to the Defendant for KRW 546 million in the purchase price.
(A) On June 23, 2004, the Plaintiff completed the registration of transfer on the ground of sale on June 22, 2004 as to part of the Plaintiff’s share in the instant land (D land, 1937/1937 for D land, 143/1431 for E land, 1246/1246 for F land, 125/1249 for G land, and 55/100 for G land).
Accordingly, the Plaintiff, C, and Defendant shared the instant land at the rate of 7/10, 2/10, 1/10, respectively.
Since then, the Plaintiff, Defendant, and C agreed to purchase from the Republic of Korea 567 square meters prior to K on May 25, 2006, 12 square meters prior to H on February 14, 2007, 12 square meters prior to J on February 14, 2007, 45 square meters prior to L on May 28, 2009, in proportion to the share ratio (Plaintiff 7/10 shares, C2/10 shares, Defendant 1/10 shares, and Defendant 1/10 shares) of the pertinent land, and completed the co-ownership registration according to each share ratio.
E. The Plaintiff, C, and the Defendant purchased the instant land on January 15, 2008 as above.