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1. As to the Plaintiff KRW 180,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 80,000 from October 12, 2005, KRW 80,000.
Reasons
1. Basic facts
A. On July 20, 2004, the Plaintiff was jointly owned by the Defendant and E with the forest land C and D (hereinafter “instant real estate”). On June 24, 2004, the Plaintiff completed the registration of ownership transfer on the share owned by the Defendant among the instant real estate on the grounds of sale on June 24, 2004.
B. On October 12, 2005, the Defendant, as the Plaintiff’s agent, sold the remainder forest land of approximately KRW 300,000,000, excluding approximately 300,000,000 centering on two graves, among the instant real estate, to F, etc., and received KRW 200,000,000,000,000,000 won on the date of the contract, and the remainder of KRW 1.8 billion on December 9, 2005 (hereinafter “instant sales contract”), and received down payment from F, etc
C. The Defendant and E received KRW 160 million from F, etc. as the amount of damages for the first due date due to the failure of F, etc. to pay the remainder by the said payment date, and the Defendant and E agreed to waive the instant sales contract by giving up the payment amount of KRW 20 million and the said KRW 160 million and the said KRW 160 million, if F, etc. fails to perform the obligation to pay the remainder pursuant to the said agreement on December 29, 2005.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1-1, 2, 2, and 3-2, the purport of the whole pleadings
2. The parties' assertion
A. On June 24, 2004, the Plaintiff purchased shares owned by the Defendant from the Defendant in the instant real estate amounting to KRW 69 million. On June 25, 2004, the Plaintiff transferred the ownership of the said shares to G New Division that the Defendant instructed to transfer KRW 69 million to G New Division that was directed by the Defendant and paid the purchase price in full, and received the transfer of ownership.
However, upon delegation by the Plaintiff, the Defendant concluded the instant sales contract on behalf of the Plaintiff and concluded the instant sales contract on behalf of the buyer from F, etc. totaling KRW 360 million.