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1. The defendant shall receive KRW 25,000,000 from the plaintiff and at the same time real estate stated in the separate sheet to the plaintiff.
Reasons
1. Determination as to the cause of claim
A. On September 5, 2013, the Plaintiff: (a) purchased the instant real estate from the Defendant as KRW 360,000,000; (b) the down payment of KRW 15,000,000; (c) intermediate payment of KRW 20,000,000; and (d) the remainder of KRW 325,00,000,000 (hereinafter “instant sales contract”); (b) out of the remainder of the remainder due to a special agreement, 200,000,000 out of the remainder is substituted by the Defendant’s acceptance of the secured debt of each of the instant real estate established in the Ethical Credit Cooperative; and (c) the Defendant agreed to accept the Plaintiff’s obligation to return the lease deposit for the instant real estate (except for the instant real estate, 4,000,000,000 as the lease deposit in lieu of the lease deposit for the fourth and 301 of the instant real estate leased by the Defendant from the Plaintiff.
In the instant sales contract, the Plaintiff agreed to pay the Defendant and the intermediate payment on the day of the contract, September 10, 2013, and the remainder KRW 25,000,000, respectively, on October 30 of the same year. The said down payment was paid to the Defendant on the day of the contract, and the said intermediate payment was paid on September 9, 2013, respectively.
[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 5-1, Evidence No. 2, Evidence No. 3-2, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on September 5, 2013 with respect to the instant real estate to the Plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the sales contract of this case was concluded with the Plaintiff at KRW 380,00,000, and that the sales contract of this case, which was KRW 360,000,000, is a false contract.
A sales contract (No. 5-2, hereinafter “the first sales contract”) with the Plaintiff and the Defendant in which the purchase price of KRW 380,000 is KRW 380,000 between the Plaintiff and the Defendant was first prepared, and a sales contract (a certificate No. 5-1, hereinafter “the second sales contract”) with the purchase price of KRW 360,00,000 was prepared.