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1. The defendant shall receive KRW 34,500,000 from the plaintiff, and at the same time, it shall be within 861 square meters in Jeju-si.
Reasons
1. Basic facts
A. On May 20, 2013, 2424 square meters of miscellaneous land in Jeju-si (hereinafter referred to as “the land before the instant subdivision”) was divided into 205 square meters of C and D road 369 square meters on May 20, 2013. On June 30, 2014, the land before the instant subdivision was divided into 400 square meters of Emiscellaneous land and 794 square meters of Fmiscellaneous land on July 14, 2014. Ultimately, the land before the instant subdivision was divided into 361 square meters of land (hereinafter referred to as “instant land”).
B. On April 4, 2014, the Plaintiff’s agent G purchased the land prior to the instant partition, which is owned by the Defendant (not including the land cadastre in the real estate register at the time, but including the area as 2424 square meters) from the Defendant, in the amount of KRW 155,500,000,000,000, and the down payment is paid on the date of the contract, and the intermediate payment is substituted by offering the land prior to the instant partition as collateral and taking over the interest obligation, and the remainder amount of KRW 5,55 million shall be paid on August 31, 2014, and the performance of the ownership transfer registration procedure shall be conducted simultaneously with the payment of the remainder, and the Defendant entered into a sales contract with a special agreement to cooperate in all matters related to the construction act (hereinafter “instant sales contract”).
C. The Plaintiff paid the Defendant the down payment of KRW 10 million on the date of the contract, and paid KRW 522,575, and KRW 420,00 on August 6, 2014, as interest on the principal amount of the loan to be accepted in lieu of the payment of the intermediate payment.
After the conclusion of the instant sales contract, the Plaintiff buried the land before the instant partition and carried out construction work to ensure the balance between the road and the water.
E. The Plaintiff: (a) on July 1, 2014, partially KRW 18 million out of the purchase price of the instant case; (b) the same month;
9. 3 million won shall be paid, and the Plaintiff, as a broker of H, reselled the land E and F land to J on August 1, 2014; and the Defendant, upon the Plaintiff’s request on September 3, 2014, reselled the land E to the J. F.