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1. The Plaintiff:
A. Defendant B shall receive September 5, 2008 from the Chuncheon District Court with respect to the real estate in paragraph 1 of the attached list.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the overall purport of the pleadings as a whole in the entries in Gap evidence 1, 2, 4, 5, and Gap evidence 3-1, 3-2.
The Plaintiff cultivated mountain ginseng on the ground of the real estate listed in attached Table 1 (hereinafter “instant land”).
B. A contract between the Plaintiff and the Defendant C (1) on September 5, 2008 between the Plaintiff and the Defendant C entered into a sales contract with the Defendant C to pay the purchase price of the mountain ginseng cultivated on the ground of the instant land as KRW 350 million. The contract deposit amount is KRW 50 million on the date of the contract, and the remainder is paid as the sale price of the mountain ginseng, and the remainder is paid as the sale price of the mountain ginseng within three months.
(2) After disposing of the above mountain ginseng, Defendant C wishes to cultivate mountain ginseng on the instant land.
(3) On September 5, 2008, the Plaintiff entered into a sales contract with Defendant C for sale of the instant land with the content that the purchase price is KRW 150 million, the down payment is KRW 50 million on the date of the contract, and the remainder KRW 100 million is paid on December 5, 2008, respectively.
(4) Meanwhile, in the sales contract for the instant land, a special agreement was concluded to set up a collateral on total of KRW 100 million, including the down payment of KRW 50 million out of the mountain ginseng purchase price, and the down payment of KRW 50 million, and to waive the down payment of KRW 100,000,000,000, in the event that the remainder is not paid on the outstanding payment date, the buyer cancelled superficies and waives the down payment of KRW
(5) On September 5, 2008, the Plaintiff entered into a superficies creation contract with Defendant B, which is 30 years from September 5, 2008, with the term of existence of Defendant C, which is 30 years from September 5, 2008. On the same day, the registration of the creation of superficies (hereinafter “registration of the creation of superficies of this case”) was completed on the same day, and ② the registration of the creation of mortgage over Defendant B, who was the debtor, the debtor, and the mortgagee B, was completed in the future of Defendant B.
C. Defendant C shall enter into each of the above contracts.