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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex 1 list;
(b)payment of KRW 230,710,946, and c.
Reasons
1. Basic facts
A. On November 4, 2015, the Plaintiff entered into a sales contract with the Defendant with the content that the real estate indicated in the attached Table 1 (B-si B-si factory site 546.3 square meters, and 1,000 square meters, B-dong 1,160 square meters, D-dong 1,000 square meters, and 1,000 square meters; hereinafter “instant real estate”) will be sold in purchase amount of KRW 3,00,000,000.
(2) On April 11, 2016, the Defendant paid the remainder amount of KRW 2,900,000,000 with respect to the payment of the purchase price and the transfer registration of ownership, and simultaneously delivered the instant real estate to the Defendant and completed the registration of ownership transfer.
On December 31, 2015, the Defendant paid the Plaintiff KRW 100,000,000 according to the instant sales contract.
B. Meanwhile, the Plaintiff and the Defendant agreed to lease part of the instant real estate prior to the payment time of the remainder under the said sales contract; on December 4, 2015, with respect to the entire building of a factory of the instant real estate, on January 27, 2016, with respect to the entire building of the instant real estate, the lease period of 500 square meters, which is part of the operation on March 1, 2016, without any deposit, until May 10, 2016, with respect to the lease period of 50 square meters, which is 6,00,000,000 square meters in multi-unit, and 7,000,000 square meters in multi-unit, while being in operation, respectively, concluded a lease contract by setting the lease period of 3,00,000 square meters in multi-unit.
(hereinafter “instant short-term lease agreement”). After April 19, 2016, the Defendant paid KRW 120,000 to the Plaintiff.
C. According to Article 39(1)1 of the Industrial Cluster Development and Factory Establishment Act and Article 49(7) of the Enforcement Decree thereof, an enterprise that owns an industrial site, factory, etc., such as an industrial facilities zone, may dispose of the said industrial site or factory to another person only when five years have passed since the date of factory registration. The Plaintiff knows that it is possible to sell and purchase the relevant industrial site or factory after five years have elapsed from the date of factory registration and concluded the instant sales contract