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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On September 23, 2016, the Defendant entered into a sales contract with C (hereinafter “C”) with respect to KRW 660,60,000 for the usual price of KRW 39,60,000 for shares owned by C out of 397/667 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). Around September 23, 2016, the Defendant paid KRW 7,000,000 for the intermediate payment around September 28, 2016 as the down payment, and KRW 30,000,000 for the remainder payment around October 4, 2016.
B. On October 5, 2016, the Defendant concluded a sales contract with the Plaintiff, which purchased 32 square meters (106 square meters) among the instant land adjacent to the said land, for the said 32 square meters (106 square meters) at KRW 660,00 per square meter (hereinafter “instant 2 sales contract”) and for the total amount of KRW 21,120,000 (hereinafter “the instant 2 sales contract”). On October 5, 2016, the Defendant concluded a sales contract again with the Plaintiff, which purchased 32 square meters (106 square meters) among the instant land adjacent to the said land, for the total amount of KRW 92 square meters (30,720,00 among the instant land) from C among the instant land consisting of each object of the instant sales contract and the instant second sales contract.
(hereinafter “the third sale contract of this case”). C.
Since then, the Plaintiff re-determineds the sales amount of the instant secondary sales contract as KRW 20,00,000 after deducting taxes, etc. from the Defendant, without having agreed to pay interest and due date, and subsequently received the loan from the Defendant on October 24, 2016.
The loan certificate No. 20 million won (20,000,000) D 32 square meters shall be deducted from the amount of the tax, and I will pay the above amount to B/S No. 2 of B/S on October 24, 2016 on the second floor of B/S housing for the second floor.
A Haar
D. The Defendant received the registration of ownership transfer from C as to part of the instant land (304/667) around October 28, 2016 pursuant to the third sale contract of this case.
E. Since then, the Defendant: (a) around September 2017, KRW 5,000,000 for the Plaintiff; and (b) around August 6, 2018, KRW 3,000 for the Plaintiff.