Text
1. The Defendant (Counterclaim Plaintiff) is registered with the Jeju District Court as to the land size of 3041 square meters in Jeju-si.
Reasons
1. Basic facts
A. On August 28, 2014, the Defendant completed the registration of ownership transfer with respect to C forest land of 11,352 square meters (hereinafter “land before division”) in Jeju-si on August 28, 2014, and completed the registration of ownership transfer with respect to land before division, the Defendant created the right to collateral security and superficies (hereinafter “mortgage”) with respect to D Co., Ltd.,
B. On July 30, 2015, the Plaintiff entered into a sales contract with the Defendant to pay KRW 500 million on the date of the contract, and the balance of KRW 900 million on June 30, 2016 (hereinafter “instant sales contract”). At the same time, the Plaintiff entered into a sales contract with the terms and conditions that the date of the completion of the transaction would be June 30, 2016 (hereinafter “instant sales contract”). On the land prior to the division, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the instant provisional registration”) under the Jeju District Court’s receipt on August 3, 2015 on the ground of the instant sales contract.
From August 3, 2015 to September 1, 2015, the Plaintiff paid the down payment to the Defendant KRW 500 million.
C. Since then, the Plaintiff and the Defendant: (a) sold the land before subdivision; (b) on November 12, 2015, the Defendant entered into a sales contract with the purchaser E with respect to 9,363 square meters of the land before subdivision as follows (hereinafter “the first sales contract”); and (c) concluded a sales contract with respect to 2,265,60,000 square meters of the land before subdivision; and (d) the Plaintiff participated in it and signed on the seller’s side.
o E shall deposit down payment of KRW 220 million into the Plaintiff’s account on the date of the contract, and the intermediate payment of KRW 700 million on December 23, 2015 and the remainder of KRW 1,345,00,000 shall be paid on January 29, 2016.
o The defendant shall cancel the right to collateral security until the remainder.
o An amount may vary depending on an increase or decrease in the area after the vehicle.
o The Plaintiff shall cancel provisional registration equivalent to the purchase area immediately after the full payment of the purchase price is made.
E paid the Plaintiff the down payment of KRW 220 million according to the first sales contract.
On the other hand, the plaintiff is serious.