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1. The defendant shall receive KRW 224,510,00 from the plaintiff, and at the same time, shall be each real estate listed in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On August 18, 2017, the Plaintiff entered into a sales contract with the Defendant with the content that: (a) the land Nos. 9 and 10 on the attached Form Nos. 10 on the 9 and 10 on the 44 square meters of land (hereinafter referred to as “C land”) in the attached Form Nos. 300 and 258,000,000 won specified on the 44 square meters of the road among the land owned by the Defendant during Ansan-si, Ansan-si (hereinafter referred to as “C land”); and (b) the procedures for the payment of the remainder and the registration of transfer of ownership by January 30, 2018 (hereinafter referred to as “instant sales contract”).
However, since the land was divided, the object of the sales contract was determined as C's share of 113/6578.
B. The Plaintiff and the Defendant paid KRW 25.8 million out of the purchase price at the time of the contract as the down payment on the date of the contract, and the remainder shall be paid on January 30, 2018, and the Defendant agreed to pay the interest on the money loaned by the Defendant from financial institutions as security to the Plaintiff on behalf of the Defendant at the time of the conclusion of the instant contract, and entered the following special terms in the sales contract:
(only the parts related to this case shall be deemed to be relevant).
2. The seller shall bear various public charges until the balance is reached; and
5.This contract is a cash price contract and the remaining amount after the contract is not a down payment, at the same time, the buyer bears interest rate.
8. Loans to this land shall be repaid by the seller at the time of any balance.
11. The seller and the buyer shall compensate for damages equivalent to three times the down payment at the time of cancelling the contract; and
C. Upon entering into the instant sales contract, the Plaintiff paid the Defendant a down payment of KRW 25.8 million, and paid interest on behalf of the Defendant from that time.
Around May 2018, land C was divided and the area of the land Nos. 9 and 10 was changed as the area of the land listed in the separate sheet (hereinafter collectively referred to as “instant land”).
E. In order to reflect this, the Plaintiff is subject to sale by newly preparing the instant sales contract concerning the Defendant and the said land on June 12, 2018.