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1. Defendant B shall receive from Cheongju District Court on August 26, 2013 with respect to the area of 92,618 square meters of D forest land in Chungcheongnam-gun, Chungcheongbuk-gun.
Reasons
1. The facts of recognition C entered into a sales contract with E, etc. (hereinafter “E, etc.”) as the Plaintiff’s side of the Seoul Central District Court case No. 2013Da22698, on condition that E, etc. won the case in the above Seoul Central District Court No. 2013Da22698 and completed registration of preservation of ownership in the name of E, etc. in the name of each land listed in the separate sheet registered in the name of the State and the local government.
On June 7, 2013, the Plaintiff entered into a sales contract with C with the purchase price of 700 million won for each land listed in the separate sheet, including the instant land.
50 million won of down payment shall be paid to C by June 13, 2013, and 250 million won of the second intermediate payment shall be paid by June 28, 2013, and the remaining 300 million won shall be paid by the Seoul Central District Court by June 28, 2013, and the remaining 300 million won shall be paid by delivery of ownership transfer registration documents and simultaneous performance within 10 days from the time the judgment in favor of E, etc. becomes final and conclusive.
Seoul Central District Court 2013Kadan22698 was sentenced to a favorable judgment on June 13, 2013 in the case of E, etc.
6. 28. The judgment became final and conclusive.
The plaintiff paid the down payment and the first intermediate payment to C, but did not pay the second intermediate payment.
C had extended the payment period by July 1, 2013, but the Plaintiff failed to pay the second intermediate payment by the said date.
Accordingly, C prepared a written confirmation of changing the purchase price to 900 million won in total with the Plaintiff’s agent F, and agreed to pay 400 million won in part by July 12, 2013.
However, the Plaintiff did not pay an intermediate payment of KRW 400 million, and C expressed to the Plaintiff the intent to terminate the contract if the contract was not performed by July 24, 2013, around July 18, 2013.
On July 23, 2013, the Plaintiff received a document for registration of ownership transfer from C, which is the plaintiffs in the above Seoul Central District Court case No. 2013Kadan22698.