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1. Defendant C’s KRW 120,000,000 per annum for the Plaintiff and 5% per annum from November 17, 2016 to September 21, 2017.
Reasons
1. Basic facts
A. From August 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) was divided into KRW 4,992 square meters of forests E, forest land E, 4,92 square meters (the foregoing forest was divided into KRW 4,446 square meters of forest land and KRW 456 square meters of forest land on May 28, 2013; hereinafter “instant forest land”) and carried out a project to create a electric housing complex with respect to the divided forest land E.
B. On February 22, 2013, the Plaintiff entered into a sales contract with Defendant C as follows with respect to the total of 854.6 square meters of two areas among the ten divided areas among the forest land of this case, which was divided between Defendant B and the broker of Defendant C.
(hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment of KRW 20 million to Defendant B.
On the other hand, on September 28, 2012, the G Association completed the registration of creation of neighboring forests (hereinafter “registration of creation of neighboring forests 1”) with respect to the forest of this case, which was set at the creditor G Association, the debtor B, and the maximum debt amount of KRW 520,000,000.
The sales amount: 208,000,000 won intermediate payment: 20,000,000 won: 100,000,000 won and the intermediate payment are paid at the time of an application for a building permit for a buyer at the time of the payment of the intermediate payment, and the remainder: 8,00,000 won shall be paid at the time of the completion of the civil works.
Special agreement items: The plaintiff shall file an application for construction permission, and the expenses for the exclusive use of shares shall be borne by the defendant B, and the expenses for exclusive use of shares shall be borne by the plaintiff.
In the event that this contract has not been performed normally (the division of the site and the civil works), the contract shall be null and void and the full contract deposit shall be promptly returned.
B. On August 20, 2013, the Plaintiff paid an intermediate payment of KRW 100 million to Defendant B. On the same day, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name as to 960/492 of shares (hereinafter “instant real estate”) out of the instant forest land.
C. On April 7, 2015, upon the registration of the establishment of a neighboring forest on April 1, 2015, G Cooperatives voluntarily decided to commence the auction of the forest of this case to the Changwon District Court H.
I shall, on December 15, 2015, object to the above auction procedure.