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1. Of the judgment of the first instance, the part against the defendant, including the plaintiff's claim extended by this court, is as follows.
Reasons
1. Indication of claim;
A. On July 15, 2005, D entered into a sales contract with the Defendant to sell the land of 15 lots, such as Gwangju City E (hereinafter “each of the instant lands”) to the Defendant for two billion won (hereinafter “instant sales contract”).
B. On the same day, the Defendant received all documents necessary to implement the procedures for the registration of ownership transfer of each of the instant land from D, and agreed that if D fails to fulfill the payment terms, etc. of the instant sales contract, the instant sales contract shall be null and void, and shall return each of the instant land to its original state before purchase legally, and thereafter completed the registration of ownership transfer of each of the instant land.
C. On the other hand, D died on July 20, 2005, and the legal inheritor was the Plaintiff and F, who were children. On January 18, 2006, the Plaintiff and F agreed on the division of inherited property by inheritance of the Plaintiff with all of D’s inherited property and inheritance obligations.
On May 30, 2007, the Plaintiff received KRW 150 million from the Defendant on May 30, 2007, KRW 50 million on August 6, 2007, KRW 30 million on September 13, 2007, respectively, and agreed with the Defendant on October 16, 2007 regarding the payment of the remainder after receiving KRW 100 million on September 16, 2007.
(hereinafter “instant agreement”). ① The Defendant should pay to the Plaintiff KRW 170 million within one month.
Provided, That where no payment is made within one month, it shall be paid 200 million won as principal, and it shall be paid in addition to the interest for arrears of 1.5% per month from the end of one month.
② The Defendant shall pay 300 million won to the Plaintiff by February 28, 2008.
Provided, That if the payment is not made by the above date, the interest for arrears of 1.5% per month shall be paid in addition to the interest for arrears.
③ The Defendant shall transfer to the Plaintiff the right to collateral security (300 million won) for three parcels of land, such as Hongsung-gun G, Chungcheongnam-gun, and the above (1).