Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 93,776,100 to the Plaintiff (Counterclaim Defendant) and its amount from September 11, 2015 to April 29, 2016.
Reasons
1. Basic facts
A. On September 1, 2003, the Plaintiff entered into a sales contract with the Defendant to sell a 1,800 square meters (544 square meters) equivalent to C, D, E, and F in the separate sheet No. 1 among the 257 square meters (the combination of two parcels) of Pyeongtaek-si C, Gyeonggi-do and D miscellaneous land (the combination of two parcels is referred to as the “instant real estate”).
(hereinafter “instant sales contract”). The sales amount: 200,000,000 down payment: daily (10,000,000 won): The intermediate payment of KRW 10,000 (10,000): the remainder payment of KRW 140,000,000 (140,000,000) on September 5, 2003: The remainder payment shall be made thereafter.
(Adjustment of Construction Costs and Subsequent Disposal) Special Provisions
1. Determination of F, E, D, and C shares in C drawings as shares;
(Registration of Equity Shares)
2. Superficies trees of the above dives shall be owned by the buyer;
(C)
3. The authorization and permission of the above multiple pages shall be dealt with by the seller.
(Expenses and costs)
4. The authorization, permission and sale of the above multiple pages shall be provided in consultation between the seller and the purchaser, with documents necessary for the authorization and permission.
B. On September 5, 2003, the Defendant paid the Plaintiff the down payment of KRW 10,000,000 on the date of the contract, and the intermediate payment of KRW 140,000,000,000, respectively. On September 25, 2003, the Plaintiff completed the registration of ownership transfer with respect to the Defendant’s share of KRW 1,710,4,200 out of KRW 4,200 square meters in Pyeongtaek-si C Forest and Forest, and each share of KRW 498/1,196 out of KRW 257,00 in D miscellaneous land.
C. On April 4, 2005, the area of 4,200 square meters for Pyeongtaek-si land was divided into 374 square meters for E forest, 374 square meters for F forest, 437 square meters for G forest, 17 square meters for G forest, 423 square meters for H forest, 2,576 square meters for I forest, and 257 square meters for D miscellaneous land was divided into 76 square meters for J Jong-si on April 6, 2005, 13 square meters for K miscellaneous land, 19 square meters for L Miscellaneous land, 29 square meters for M miscellaneous land, and 29 square meters for 12,576 square meters for forest land divided from C on April 14, 2005, into 450 square meters for forest land, 450 square meters for O forest, 409 square meters for forest land, 35, 912 square meters for forest and field.
(B) Each land after this shall be specified only by the sign of “number”.
The Plaintiff sells the remainder of the instant real estate, excluding the Defendant’s share, to Nonparty R on June 30, 2008, June 22, 201, and March 15, 2012, respectively.