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1. On February 4, 2008, the Suwon District Court's Sung-nam Branch Branch Office for the real estate stated in the separate sheet among the instant lawsuits
Reasons
Basic Facts
On January 20, 2004, the Defendant, including the conclusion of the Defendant’s sales contract, purchased the pertinent land in the amount of KRW 450,000,000,013 square meters of D forest land in Gwangju-si (hereinafter “instant building”) located within the area subject to permission of land transaction contract from Gwangju-si, Gwangju-si divided into KRW 5,081 square meters of forest land into KRW 87,000 on February 8, 2007, and the land category was changed to that of land for factory on May 28, 2007; hereinafter “instant land”). The Defendant began to build a new building (hereinafter “instant building”) on that land after paying the above purchase price and receiving the delivery of the instant land, and building totaling the instant land and building.
However, the above construction has not run properly and it is difficult to obtain permission for a land transaction contract for the above sales contract within a short term, and the defendant and C agreed on May 3, 2004 to cancel the above sales contract when the defendant was returned the above KRW 450 million already paid.
On February 15, 2006, G, and H jointly and severally paid KRW 800 million to the Defendant and acquired all rights to the instant real estate by the Defendant. To secure the said KRW 800 million, the Defendant entered into an agreement with the Defendant or a person designated by the Defendant to set up a right to collateral security and superficies equivalent to KRW 800 million with respect to the instant real estate. The Defendant, G, H, and C separately entered into a sales agreement with G and C on KRW 450 million with respect to the instant land, and G paid the said KRW 80 million to the Defendant in lieu of the payment of the purchase price to C, and C was exempted from the obligation to return the purchase price to the Defendant.
Since then, G and H paid the Defendant KRW 100 million on February 15, 2006, KRW 350 million on March 6, 2007, KRW 100 million on July 20, 2007, and KRW 550 million on July 20, 2007.
The plaintiff.