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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 10,685,714 and its related amount on October 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. In around 2008, the Plaintiff had a membership-based golf club business plan with a term-based golf club business plan with a membership-based 18 holes golf clubs, a 50-dong golf clubs, and a 20-class golf club business plan with a membership-based golf club business plan with a total of 1,321,449 square meters.
B. On April 21, 2008, the Defendant drafted a written agreement on trading of the instant G forest land owned by H, 15,473 square meters (hereinafter “instant real estate”), H, I, and J, which was owned by the Defendant in proportion to the shares of 2/7 shares, and 12,44 square meters of K forest land owned by H, I, and J, and 721 square meters of L field owned by H, 19,835 square meters of P forest land owned by the Plaintiff, and the relevant contents among them are as follows.
In order to purchase and sell the following listed real estate, the seller and the owner, the defendant, and one of the six others, and the buyer, and the buyer, enter into a real estate sales contract under the following conditions:
Article 1 (Indication and Scope of Purpose Real Estate) The area of each of the above parcels of land 48,473 square meters, 14,663 square meters: Article 3 (Determination, etc. of Land Area) of the Contract shall be the area recorded on the land cadastre, and if there is any increase or decrease in the area after the contract, the increase or decrease shall be made when the balance is paid by applying the average unit price by land category listed in Article 1 above to the relevant parcel.
C. On April 21, 2008, the Defendant sold the Defendant’s 5/7 shares among the instant real estate to the Plaintiff, while attending the Plaintiff’s director Q and the above E, and prepared a sales contract stating that the subject matter of sale is the entire real estate, the sales price of KRW 374,00,000, the down payment of KRW 37,400,000, the seller’s name in the column of name “F (2/7 co-owner’s share)”, and the seller’s name “B (5/7 co-owner’s share)” in the column of name “B” as follows.
Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.
Special agreement terms: The balance payment date shall be July 30, 2008, and equity.