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1. The Defendant (Appointed Party) and the designated parties jointly share KRW 200,000,000 among them and KRW 175,000,000 among them.
Reasons
Facts of recognition
On January 26, 2016, the Plaintiff: (a) purchased KRW 182 square meters out of KRW 50,50,000,000 from the Defendant and the selector in Yangju-si, each of which is the land before subdivision; (b) KRW 250,50,000,000,000, out of the intermediate payment of KRW 150,000,000,000,000 on the date of the contract; and (c) paid KRW 25,50,000,000 on March 7, 2016, the remainder of the intermediate payment of KRW 50,00,00 on April 7, 2016, and the remainder of KRW 80,00,00,00 on June 7, 2016 (hereinafter “instant sales contract”).
around May 24, 2016, the Defendant and the designated parties divided the area of 1,182 square meters (hereinafter “instant land”) of D forest in Yangju-si, Yangju-si, the land prior to subdivision of which is 5,495 square meters. Meanwhile, the Plaintiff paid each of the Defendant and the designated parties KRW 10 million of intermediate payment on March 7, 2016 and KRW 50 million on April 7, 2016.
However, C, an agent of the Defendant and the designated parties, intended not to transfer the instant land to the Plaintiff on the ground of the issue of capital gains tax, etc., even after the remaining payment date, and on July 11, 2016, the Plaintiff sent to the Defendant and the designated parties a certificate of content that “The Plaintiff will be treated as cancelled without a separate declaration of intention on July 201, 2016, when the remainder payment was made on July 20, 2016, and at the same time the registration of the establishment and seizure of the instant land was cancelled, and the registration of the transfer of ownership is completed in the future of the Plaintiff, and if it is not performed by July 20, 2016.”
[Ground of recognition] The facts that there is no dispute, Gap's statements in Gap's 1 through 8 (including each number if there is a serial number), and the facts of recognition as to the cancellation of the sales contract of this case as a whole, the defendant and the designated parties of this case.