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1. The Plaintiff:
A. Defendant B: (a) as to KRW 870,00,000 and KRW 300,000,000 among them, from July 4, 2012; and (b) 250,000 among them.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. Basic facts 1) The Plaintiff and Defendant B’s real estate sales contract concluded with the Plaintiff are placed in the situation where the “F Driving Schools” site located in Seo-gu Incheon, Incheon, in the site for the housing site development project should be transferred to another place, and on July 4, 2012, in order to use the site as a substitute site for a driving school, each of the real estate listed in the separate sheet in the land transaction permission zone from Defendant B via Defendant C (hereinafter “each of the instant real estate”).
A) B purchased KRW 6,374,00,000. In this case, the Plaintiff and Defendant B determined the date of the contract as of KRW 300,000,000 on August 31, 2012 for KRW 6,074,000,000 on the date of the payment, and if the Defendant is unable to obtain land transaction permission on each of the instant real estate by the due date of the remainder payment, the payment may be adjusted by mutual agreement between the parties concerned (hereinafter “instant sales contract”).
(2) On August 8, 2012, the Plaintiff and Defendant B changed the remainder payment into September 30, 2012 on the same day, and entered into a supplementary agreement to reduce the remainder amount to KRW 250,000,000,000 in lieu of increasing the down payment amount to KRW 250,000 (the down payment amount was KRW 550,000,000,000) and the remainder amount was KRW 5,824,000,000,000.
(2) Around that time, the Plaintiff additionally paid the down payment of KRW 250,000,000 to Defendant B. Meanwhile, on October 10, 2012, the Plaintiff additionally paid KRW 30,000,000 to Defendant B as compensation for losses incurred due to the remainder of payment. (B) On November 9, 2012, the Plaintiff and Defendant B paid the remainder of payment due to the conclusion of a supplementary agreement and the payment of the additional payment.