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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. On September 2, 2008, on September 2, 2008, the provisional registration of the right to claim partial transfer of ownership (hereinafter “the provisional registration of this case”) was completed on the part of 1/2 shares among the 3,448 square meters of forest land in Jeju-si, the Defendant owned (hereinafter “instant land”).
B. On the other hand, on September 2, 2008, the Plaintiff and the Defendant drafted a pre-sale agreement with respect to 1/2 shares of the instant land at KRW 30 million (hereinafter “instant pre-sale agreement”). The key contents are as follows.
Article 2. The date of completion of the sale and purchase agreements shall be March 2, 2009, and upon the expiration of the said date, the sale and purchase agreements shall be deemed to have been concluded even without the Plaintiff’s declaration of intention to complete the sale and purchase.
When the sale and purchase has been completed pursuant to Article 3 (2), A (Defendant) and B shall enter into a sale and purchase contract for the above real estate, and A shall receive the price under Article 1 from B and simultaneously implement the procedure for registration of transfer of ownership due to sale and purchase of the above real estate to B, and deliver and order the above real estate.
Article 4 Section B shall pay Party A the deposit of this reservation amount of KRW 29,00,000 on the date of the reservation, and the amount shall be deducted from the price under Article 1.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings
2. Summary of the plaintiff's cause of claim
A. The Plaintiff, the primary cause of the claim, purchased at KRW 100 million out of the instant land in which H was sold in lots to D, the representative director of H (hereinafter “H”).
D Since the market price of the instant land is KRW 60 million, it is deemed that the transfer of KRW 1/2 of the instant land to the extent of KRW 30 million, and the remaining KRW 70 million is paid until March 2, 2009. However, the Plaintiff sought payment in cash.
Accordingly, D shall again conclude only the provisional registration of this case, but shall be paid KRW 100 million in cash until March 2, 2009.