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1. The plaintiff's lawsuit against the defendant C is dismissed.
2. Defendant B is the Plaintiff’s KRW 100 million and the Plaintiff’s KRW 20 million.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant B entered into a sales contract between the Plaintiff and the Defendant B. As the transfer income tax was imposed on the sale of land owned by the Defendant B, the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) around September 201.
6,610 square meters of forests and fields D in Gyeonggi-do (hereinafter “instant land”).
(2) On October 19, 201, Defendant Company: (a) paid the said capital gains tax imposed on it; and (b) entrusted Defendant B with the said tax on the condition that the Plaintiff would receive KRW 200 million (hereinafter “instant sales contract”); (c) sold the instant land at KRW 600 million to the Plaintiff on October 19, 201; (d) determined that KRW 200,000 to pay the intermediate payment KRW 200,000 to the Plaintiff on the date of the contract, October 30, 2011, and the balance KRW 200,000,000,000,000 to be paid on December 31, 201, respectively; (e) if the buyer is in default, the down payment is confiscated; and (e) the seller was paid the down payment KRW 200,000 from the Plaintiff on October 19, 201.
3) Defendant B left the documents necessary for the registration of ownership transfer of the instant land to E judicial scrivener. The Defendant Company, on its behalf, notified the Plaintiff that all of the documents necessary for the registration of ownership transfer of the instant land had been kept by E judicial scrivener on the day of the instant sales contract, and completed the provisional registration of the right to claim ownership transfer registration of the instant land in F, which was one of the joint representative directors of the Plaintiff, at the time of the instant sales contract. (4) Even if the payment of the intermediate payment and the remainder payment agreed upon by the Plaintiff, the Plaintiff did not pay the intermediate payment and the remainder amount of KRW 400 million, and even if the remainder payment was postponed on January 15, 2012 and February 2, 2012, the Defendant Company did not perform its duty to pay the remainder by the end of February 2, 2012.
5 In the event that Defendant B did not pay the Plaintiff KRW 400 million by July 15, 2012, Defendant B around June 19, 2012, the instant sales contract was rescinded.