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1. The Defendant (Counterclaim Plaintiff) indicated the attached Form No. 75,76.76.
Reasons
1. Basic facts
A. On October 12, 2006, the Plaintiff’s father I who represented the Plaintiff and the Defendant’s husband J on behalf of the Defendant (hereinafter “instant real estate”) concluded a sales contract with the Defendant on October 12, 2006, under which the Plaintiff was divided into 48,397 square meters of land and fields (45,091 square meters of land and M forest 3,306 square meters on September 25, 2008; hereinafter “instant real estate”). The Defendant sold KRW 100 million of land and intermediate payment KRW 300 million on the date of the contract, and the remainder amount of KRW 50 million on November 13, 2006, and the remainder amount of KRW 50 million on January 20, 2007 (hereinafter “instant sales contract”). At the time of the instant sales contract, the instant real estate was installed, and no access road was made with the Defendant.
B. Meanwhile, the Plaintiff and the Defendant entered into the instant sales contract on October 12, 2006 with a separate document prepared a separate document and attached it to the sales contract. The main contents of the proviso clause (hereinafter “instant proviso clause”) are as follows.
(A) The cemetery attached to the instant real estate (No. 2) 1) when the Defendant needs to do so, the Plaintiff shall immediately benefit from the cemetery. If, within one month from the date of the Defendant’s request for removal, the Plaintiff shall pay the penalty equivalent to the down payment and the penalty equivalent to KRW 50,000 won per day to the Defendant (paragraph 2) (2) within 2 months from the date of the instant sales contract, the Plaintiff shall pack the access road (hereinafter “the access road of this case”) with the width of 5 meters from the date of the instant sales contract, and when the access road is completed, the Defendant shall pay the balance.
(3) Paragraph (3) 3) If the plaintiff cannot complete the access road of this case within 2 months, the plaintiff renounces the ownership of the real estate of this case and transfers its ownership to the defendant (Paragraph (4) c).
Then, on October 13, 2006, the Defendant paid the Plaintiff the down payment of KRW 100 million according to the instant sales contract.