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1. Defendant B, Inc., Ltd., on January 1, 2019, with respect to the land size of 22,313 square meters in Ansan-si, Dong-si, the Plaintiff.
Reasons
1. Determination as to the claim against Defendant B
A. The Plaintiff and Defendant Company B (hereinafter “Defendant Company”) filed a claim for restitution following the cancellation of a sales contract concluded on November 22, 2018. As such, the Defendant Company filed a claim for restitution with respect to the registration of cancellation of ownership transfer (hereinafter “instant forest”) completed under the Daegu District Court-dong Branch of the Daegu District Court No. 1333 on January 16, 2019, with respect to D forest land 22,313 square meters (hereinafter “instant forest”).
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
2. Determination as to the claim against Defendant C
A. On May 21, 2018, the Plaintiff and the Defendant Company concluded a business agreement to sell the instant forest owned by the Plaintiff to the Defendant Company. On May 21, 2018, the purchase price was KRW 700,000,000,000,000,000 from the contract date, and the down payment was paid within 20 days after the permission for development activities. (ii) On May 23, 2018, the Defendant Company paid the Plaintiff the down payment of KRW 70,000,000,000 to the Plaintiff.
3) On November 22, 2018, the Plaintiff and the Defendant Company concluded a sales contract with respect to the instant forest land (hereinafter “instant sales contract”).
In concluding a contract, the Defendant agreed to change the purchase price from the initial KRW 700 million to the KRW 600 million, and to recognize the down payment first paid as the down payment as it is. In addition, the Defendant Company agreed to pay the Plaintiff KRW 37.5 million to the Plaintiff at the cost of withdrawal and cancellation of the real estate auction case (Sagu District Court Support E) related to the forest of this case and the right to collateral security, and the purchase price of KRW 40 million to the “F in the Bandong-si,” and agreed to substitute the intermediate payment. 4) In short, the Defendant Company did not pay the intermediate payment pursuant to the said agreement, but agreed to substitute the intermediate payment.