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1. The Defendant shall pay to the Plaintiff KRW 99,20,000 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant was the owner of 3,150 square meters prior to C in Jeju-si (hereinafter “instant land”).
The Defendant signed a donation contract on August 27, 2015, stating that he/she would simultaneously donate the instant land to South-Nam, and D paid acquisition tax of KRW 11,680,190 on November 20, 2015 due to the Jeju Viewing and Viewing. However, the ownership transfer registration based on the donation was not completed in the D future.
B. On November 20, 2015, the Plaintiff decided to purchase KRW 1,000 square meters out of KRW 3,150 square meters of the instant land from D from November 20, 2015. D entered into a land sales contract with the purport that, on the registry, the Defendant’s name was transferred to D before November 27, 2015, and immediately file an application for subdivision and the Plaintiff would make the registration of transfer to the Plaintiff (hereinafter “the instant first sales contract”).
At the time of the above contract, the Plaintiff paid 20 million won the down payment to D.
C. On November 24, 2015, the Plaintiff entered into a land sales contract with D to purchase KRW 1480,000,000, out of KRW 3,150,000,000 for the instant land ( separate from KRW 1,00,000,000 for the instant sales contract) from D. The part where two graves are located among the instant land, and D remains 670,000,000 for the seller’s land as the part where two graves are located, and D immediately transferred the Defendant’s name on the registry by November 30, 2015, and immediately concluded a land sales contract with D to allow the Plaintiff to file an application for subdivision and transfer registration (hereinafter “the instant second sales contract”).
At the time of the above contract, the Plaintiff paid 29.6 million won to D.
On November 27, 2015, the Plaintiff, directly with the Defendant, intended to purchase all of the instant land in KRW 630 million, and the down payment is KRW 20 million under the instant sales contract that was paid to D and KRW 49.6 million, in lieu of the payment of the down payment of KRW 29.6 million under the instant sales contract, and the intermediate payment is KRW 100 million on December 5, 2015.