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1. The Defendant: (a) KRW 18,00,000 for the Plaintiff and 5% per annum from December 22, 2015 to November 18, 2016; and (b) the Plaintiff.
Reasons
1. Facts recognized;
A. The Plaintiff, prior to the subdivision, sold to the Defendant a sales contract of KRW 1.3 billion (1 billion in land price, and KRW 300 million in building price) of KRW 1.3 billion (3 billion in building price) of the building that was scheduled to be constructed on the above ground (hereinafter “instant building”) among the 2285.9 square meters in Nam-gu, Incheon Metropolitan City B B, 2285.9 square meters prior to the subdivision, and received KRW 100 million in down payment from the Defendant after concluding a sales contract, which includes the following:
(1) The Defendant shall pay KRW 100 million out of the purchase price on the date of the contract, and the balance of KRW 1.2 billion on December 30, 2014 shall be paid simultaneously with the transfer registration of shares.
(2) The cost of the building is KRW 300,000,000, in lieu of the payment that the Defendant bears the construction cost, design cost, etc. under the name of the building owner.
B. However, upon the Plaintiff’s request, the Plaintiff and the Defendant entered the sales contract into a written confirmation that the land price was KRW 1 billion, not KRW 900 million, and the remaining land price was KRW 100 million (hereinafter “instant KRW 100 million”) to the Plaintiff, including the construction cost of the instant building.
C. The Plaintiff, under the name of the Defendant, changed the name of the owner of the instant building. On December 26, 2014, the Plaintiff completed the registration of transfer of shares in the name of the Defendant with respect to 662/9 of the shares of 2285.9 of the said land, and was paid KRW 80 million from the Defendant on the same day.
On the other hand, the Defendant, following a design change, concluded the instant contract for new construction of the building with Puumer General Construction Co., Ltd. (hereinafter “Pumer General Construction”), as the contract price of KRW 450 million (excluding value-added tax). In the contract agreement (the date of preparation shall be Nov. 1, 2014), the instant KRW 100 million added to the instant KRW 550 million (excluding value-added tax) as the contract price.
E. The Defendant, as a result of Fumer Construction, from March 25, 2015 to June 16, 2015.