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1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On January 4, 2019, the Plaintiff entered into the first sale contract on each of the real estate listed in the separate sheet owned by the Defendant and the Defendant (hereinafter “instant real estate”) with the purchase price of KRW 1 billion, and entered into the real estate sales contract under the following conditions (hereinafter “the first sale contract”).
- Sales amount of one billion won - KRW 100 million (10 million in case of a contract with a total area of at least 95 percent) - Balance of KRW 900 million (payment period: July 31, 2019) - An order of this building at the time of occupancy after the completion of a new building to be constructed after the remainder payment.
B. After the conclusion of the above sales contract, on February 28, 2019, the Plaintiff concluded a new sales contract with the Defendant to maintain the sales price at KRW 1 billion with respect to the instant real estate, and to pay the sales price in full by March 29, 2019 (hereinafter “the second sales contract”).
C. In addition, the Plaintiff and the Defendant concluded an agreement with the following terms and conditions (hereinafter “instant agreement”) with the invalidation of the first sales contract on April 10, 2019.
- The sale contract made on January 4, 2019 becomes void.
- The seller (the Defendant) confirms that the contract deposit was paid at KRW 100 million and the remainder KRW 900 million, and confirms that the secured obligation of the seller (the Defendant) with respect to the real estate of this case against C Association is KRW 200 million, and the seller (the Defendant) pays this and cancels the registration of creation of a neighboring mortgage against C Association.
- The buyer (the plaintiff) shall pay to the seller (the defendant) a sum of KRW 100 million (the withholding tax amount shall be 8.8%) in the cost of delivering this real estate.
- The seller (Defendant) shall deliver this real estate by October 31, 2019.
- The seller (Defendant) is aware that the buyer (Plaintiff) purchases this real estate and implements a multi-family housing development project.
- If the seller does not deliver this real estate by October 31, 2019, the seller (the Defendant) shall compensate the buyer (the Plaintiff) for the amount of KRW 200 million (tax withholding 8.8%) with penalty.
The plaintiff is the defendant in the above agreement.