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1. Defendant C’s KRW 250,000,000 as well as 5% per annum from July 31, 2013 to August 29, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 12, 2008, the Plaintiff and D were subject to registration conversion, land category change, and division with each land listed in the separate sheet (hereinafter “each land of this case”) located in the land transaction permission zone with the Defendant C, who represented the Defendant B on December 12, 2008.
As to the Plaintiff, the Plaintiff and D entered into a sales contract with the following terms: (a) purchased each of the instant lands from Defendant B in the purchase price of KRW 1,100,000,000; and (b) the down payment of KRW 300,000,000 on the date of the contract; and (c) the remainder of KRW 800,000,000 on March 30, 200 (hereinafter “instant sales contract”).
(2) On the date of the contract, Defendant B paid the down payment of KRW 300,000,000 to Defendant B. The special terms and conditions set out in the instant sales contract are as follows: (a) Defendant B bears interest on the secured debt (loan obligation against a national bank) of the right to collateral security set out in each of the instant land until February 28, 2009; and (b) the Plaintiff and D bears the burden from March 1, 2009. The capital gains tax is responsible for the Plaintiff and D. The Defendant B immediately delivers all documents on each of the instant land. (b) After March 31, 2009, Defendant B renounced the buyer’s status and rights under the instant sales contract.
3) On September 10, 2009, the Plaintiff and Defendant B agreed on the following additional terms with respect to the instant sales contract. The interest on loans of KRW 400,000,000 to a national bank shall be borne by the Plaintiff, the buyer, from September 11, 2009. The remainder shall be paid on December 10, 2009 (the remainder shall include bank loans of KRW 400,000,000). If there are additional documents necessary for building permission, land transaction permission and ownership transfer, the seller shall immediately deliver the interest to the buyer. 4) The Plaintiff paid the interest on loans to Defendant B bank pursuant to the said additional agreement after October 209.
On the other hand, the designation of land transaction permission zone was cancelled on May 31, 2011.