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1. The defendant received KRW 307,371,741 from the plaintiff and thereafter real estate stated in the separate sheet to the plaintiff.
Reasons
Basic Facts
On March 25, 2014, the Plaintiff entered into a contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to KRW 1.95 million (not setting the time of payment) (hereinafter “instant contract”), and the main contents thereof are as follows.
Article 3 Contracts shall be concluded as of the date of preparation of the contract.
(Additional loans shall be the time the balance payment is made in full, Article 4 of the Real Estate under the name of the plaintiff (the debtor) with the security of the plaintiff.
Article 5 The Defendant shall pay 4 million won to the Plaintiff for three months, which is about 50% of the interest on loans in the current trading list.
Article 6 If the transfer of ownership is known due to the settlement of any balance after three months from the date of contract date, the defendant bears the interest and taxes accruing from loans (1.478 million won) added to the separate sheet of sale and purchase as well as the medical insurance and pension (500,000 won a month) of the plaintiff's monthly.
As stipulated in Article 8(3), where a contract is concluded and a compensation for development of real estate sold before the transfer of ownership becomes final and conclusive after the contract becomes final and conclusive, the Plaintiff shall bear the transfer tax up to 1.95 million won, and the transfer income tax accrued from the purchase price exceeding 1.95 million won shall be borne by the purchaser. The compensation profit, other than the purchase price of 1.95 million won, shall be the Defendant’s profit.
Article 9 The plaintiff shall pay debts, seizures, and taxes and public charges related to the current real estate before the remainder payment date.
After the conclusion of this contract, the plaintiff paid 30% of the purchase price to the defendant's place of business, facilities, and all expenses related to construction, and the defendant waives the down payment and does not claim the return of the down payment.
In addition, the terms and conditions of the contract for the said real estate shall be waived for all of the facilities (construction) for the amount and convenience that have been paid, and without any condition, shall be "Buyer", namely the defendant.