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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. On January 28, 2008, the Plaintiff and the Defendant entered into a contract on the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “real estate”) between the original Defendant and the Defendant with respect to the first real estate owned by the Plaintiff and the second real estate owned by the Defendant, as follows (hereinafter “instant contract”):
(hereinafter referred to as "the facts arising before division shall be entered into including real estate after division). The plaintiff and the defendant, who are an exchange contract for real estate exchange, conclude a contract regarding the following exchange for real estate:
In the exchange of the above real estate at the net value of KRW 1.7 billion in the amount of the obligation to succeed to the claim of KRW 1.7 billion in the amount of KRW 1.7 billion in the amount of the obligation to succeed to the claim of KRW 1.7 billion in the amount of the claim of the Defendant for the goods subject to the indication of the Plaintiff, the Defendant would pay to the Plaintiff the difference of the above net value of the exchanged goods (hereinafter referred to as “exchange price”) in the amount of the obligation to succeed to the claim of KRW 1.7 billion in the amount of KRW 1.7 billion in the amount of the obligation to succeed to the claim of the Defendant for the goods
The exchange price of KRW 290 million (the rental deposit of KRW 120 million shall be succeeded by succession), the down payment of KRW 50 million shall be paid at the time of the contract.
The remainder of the intermediate payment of KRW 120 million shall be paid on February 28, 2008.
Article 2 The plaintiff and the defendant shall deliver to the other party all documents necessary for the registration of ownership transfer at the same time as the balance of exchange proceeds is received, and the plaintiff and the defendant shall deliver
The special terms and conditions: The additional and intermediate payments are different from the plaintiff's loans (Y school, Z, AA, and two others: 295 million won).
Matters of special agreement
6. The period for granting the construction authorization on the Defendant’s pertinent land shall be set at six months from the date of the contract. If the Plaintiff fails to pay KRW 1.7 billion to the Defendant within six months from the contract date, interest shall be paid to the Defendant until the transfer of ownership by applying 12
The plaintiff, even before that time, loans to the defendant's land when the building permit (class 1 retail) is completed.