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1. The Defendant shall pay to the Plaintiff KRW 51,489,071 and KRW 50,000 among them, annually, from May 13, 2019 to October 21, 2020.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence 1-1, 2, 2, and 3:
The registration of ownership transfer was completed in the Plaintiff’s name on May 26, 2012 with respect to C forest land 219289 square meters (hereinafter “the forest of this case”), on the grounds of inheritance due to a division by agreement as of May 26, 2012. However, on April 23, 2016, the Plaintiff concluded a sales contract with the Defendant’s representative D to sell approximately KRW 360,000,000 of the forest of this case as to KRW 148761 square meters among the forest of this case.
B. At the time of the above sales contract, KRW 30,00,000 of the down payment was paid as of May 10, 2016. On June 15, 2016, the first intermediate payment of KRW 100,000 for the intermediate payment and the remainder payment, KRW 170,000 for the intermediate payment of KRW 170,000 for the intermediate payment of August 22, 2016, and KRW 60,000 for the remainder payment of September 30, 2016. The Plaintiff agreed to use part of the instant forest within ten years after concluding a contract with the Plaintiff for five seedlings agreed with D (hereinafter “instant grave”). The Plaintiff agreed to use part of the instant forest even before handling the remainder.
C. According to the above sales contract, the Plaintiff consented to the Defendant’s representative D to use the forest of this case as the land use and access road site. The Defendant occupied and used the forest of this case prior to completion of the payment of the purchase price.
D paid 30,000,000 won as down payment to the Plaintiff on May 11, 2016. On June 16, 2016, D paid 30,000 won as part payment, and paid 20,000,000 won as part payment, August 12, 2016, 2016, KRW 50,000,000 on October 7, 2016, KRW 30,000 on January 3, 2017, KRW 30,000,000 on March 9, 2017, and KRW 240,000,000 on June 30, 2017, and KRW 240,000 in total.
E. Around that time, the Defendant decided to purchase the entire forest of this case, including the forest land purchased by D as above, and raised KRW 460,000,000 among the Plaintiff on October 15, 2018.