beta
Text
1. As to KRW 115,00,000 and KRW 110,00,00 among the Plaintiff, Defendant C shall be from February 6, 2016 to June 24, 2016.
Reasons
1. Facts of recognition;
A. On October 1, 2015, the Plaintiff: (a) sold the purchase price of KRW 144 million, down payment, KRW 14 million, and the remainder KRW 130 million (on November 30, 2015, the payment date) to Nonparty D and two other persons on the same day; (b) received down payment on the same day; and (c) received KRW 20 million, out of the purchase price on November 4, 2015, the Plaintiff received KRW 20 million.
B. After doing so, D asked Defendant C to rede each of the instant lands.
Defendant C had the idea of acquiring the purchase price of each of the instant lands to Defendant B by unfashing it, and on January 2016, Defendant B tried to purchase each of the instant lands in the amount of KRW 240 million in total, since each of the instant lands was expected to have a history in G. It was sold at KRW 200 million in total. Since Defendant C bears the debt of KRW 132 million in the amount of the purchase price of the instant land, Defendant B intended to purchase the said land if the remainder of KRW 110 million in the purchase price of the instant land is KRW 10 million in total, and Defendant B intended to purchase each of the instant lands in KRW 240 million.
C. Thereafter, as to each of the instant lands, a sales contract (Evidence A 2-2) was prepared on January 20, 2016, stating “the seller, the buyer, the Defendant B, and the sales price of KRW 200 million” as to each of the instant lands.
The above sales contract was drafted under the lead of D and Defendant C, and the part of “the purchase price of KRW 200 million” was written as D in accordance with the Defendant C’s proposal stating “the purchase price is to be raised to obtain a loan.”
On January 20, 2016, the registration of transfer of ownership in the name of Defendant B was completed on January 20, 2016 with respect to each of the instant lands.
E. Defendant C’s written confirmation to the Plaintiff that “The remainder of each land of this case will be paid by February 5, 2016,” and each written confirmation to the effect that “the principal will pay KRW 5 million capital gains tax on each land of this case” is “each written confirmation” (hereinafter referred to as “each written confirmation”).