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1. The Defendant: (a) KRW 175,00,000 for the Plaintiff and 5% per annum from October 1, 2014 to December 10, 2015; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On September 27, 2006, the Defendant entered into a sales contract with C to purchase the instant land (hereinafter “instant land”) at KRW 1,455,5010,000 with the Korea Land Corporation (hereinafter “Korea Land Corporation”) on the purchase price of KRW 1,450,000,000. On November 28, 2006, the Defendant succeeded to C’s rights and obligations under the instant sales contract with the consent of the Korea Land Corporation (hereinafter “instant land”).
According to the above sales contract, the defendant paid the contract deposit of KRW 145,501,00 and the first installment of KRW 327,609,000 to the Korea Land Corporation.
B. On January 4, 2007, the Defendant concluded a resale contract with the Plaintiff, E, and the Plaintiff to resell 50 million won of the purchase price each of the 50% shares in the instant land (hereinafter “the first resale contract”). On April 26, 2007, the Defendant concluded a resale contract with the Plaintiff, E, F, and G to resell 25% shares in each of the instant land (hereinafter “the second resale contract”).
C. After that, on September 30, 2008, the Defendant concluded a resale contract with 20%, F, and G, respectively, to resell 25%, E, H, and I 10% of each of the instant land to the Plaintiff (hereinafter “third resale contract”), and drafted an agreement (Evidence 5) containing the following contents.
1) The total purchase price is KRW 1,604,556,720, and the successful bid price for land construction works is KRW 1,454,56,720 and is registered in the name of the buyer after the transfer to the buyer. 2) The transfer of registration is subject to the Land Construction Corporation after December 2007.
3) Bank loans in installments shall be administered by the seller. 4) The buyer shall be subject to a separate document in installments to the Land Corporation on the basis of the terms and conditions of payment in installments.
5) The receipts issued by the seller shall take effect on or around December 31, 2007 only after the registration of the defendant in the land construction project, and the seller shall not be liable to the buyer and shall not be used except for this case.
7) The amount received by the seller of the gold day shall be KRW 1,454,56,720,1500,000,000 for land construction contract deposit. 8) the defendant and E who entered into a contract before September 30, 2008.