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1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from May 1, 2013 to the day of complete payment.
Reasons
1.The following facts may be acknowledged either in dispute between the parties or in combination with the statements set forth in Gap evidence 1 to 5 and the testimony of the witness C, and the whole purport of the pleadings, and the evidence set forth in Eul evidence 1 to 3 shall not interfere with the above recognition:
The defendant filed a report on the new construction of multi-family house with 10 Naju City Mayor in order to build and sell a Naju residential housing complex (or pent) on the ground of 8,359 square meters of Naju-si, and the above report was accepted on March 17, 2009.
(Construction, 6173). (b)
The Plaintiff is expected to increase the land price when a complex is created by reporting the construction completion certificate under the above paragraph (a), a notice on sale of a housing complex for electric power generation, and a view view map of an electric housing complex, etc., presented by the Defendant. On June 12, 2009, the Defendant’s land price of the forest of this case is KRW 2,500,000 per square meter, and the officially announced land price of the forest of this case is KRW 3,307,50,000 (2,500 x 1,323 square meters) at the time of the officially announced land price.
A contract to purchase 36 times the highest 120 million won (hereinafter the contract of this case) was entered into.
C. The contract of this case was stipulated as follows.
1) Conditions giving priority to the construction of multi-family housing on the above ground upon acceptance of the report under paragraph (1) above, which is the left side of the 2nd heading on the side of the schedule of sale attached to the contract.
D. According to the instant contract, the Plaintiff paid the Defendant the down payment of KRW 30 million on June 12, 2009, and the remainder of KRW 90 million on July 2, 2009. The Defendant divided the instant forest and field and completed the registration of ownership transfer in the name of E, which is the Plaintiff’s wife, and the Plaintiff completed the registration of ownership transfer in the name of E.
E. However, the construction work of the above multi-family house was executed from April 2010 to August 2010, and the rest of the construction work is not progress.
2. According to the facts of the above Paragraph 1, the contract in this case aims to terminate the validity of the contract in a case where the defendant does not build a house on the forest as provided in Paragraph 1(a).