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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Basic facts
A. B around May 2012, C sold land Nos. 1 and 2 of the [Attachment List (hereinafter “instant land”) to the Defendant at KRW 150 million.
The above contract includes a special clause stating that “C shall complete the registration of the right to claim ownership transfer to the Defendant, and KRW 30 million out of the purchase price shall be immediately paid to the Defendant, and the remainder shall be succeeded from May 24, 2012 to the Defendant’s obligation of KRW 220 million on the registry of the instant land in this case, and C may, at the Defendant’s request, accept the buyer’s change. After the lapse of August 23, 2012, which is the date of completion, the damage, such as property tax, etc. that arises thereafter, shall be all liable to the Defendant.”
Accordingly, on May 25, 2012, the defendant completed the provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement on May 24, 2012.
B. On September 21, 2012, the Defendant, which was a new construction of the instant land, concluded a sales contract to sell the instant building to the Plaintiff for KRW 520 million (hereinafter “instant real estate”). The said contract shall divide the sales profit and ownership share after the completion of the instant building into the proportion of Plaintiff 65% and Defendant 35%, and the said contract shall specify that the Plaintiff succeeds to the obligations, such as the loan, etc. after the conclusion of the contract, but did not specify the specific amount of the other down payment, intermediate payment, and balance, payment period, construction period, etc.
C. After that, on November 19, 2012, the Defendant concluded a sales contract to sell the instant real estate to the Plaintiff at KRW 515,000,000 (the instant building construction contract amounting to KRW 365,000,000,000) (hereinafter “instant sales contract”), and determined the specific contents of the contract, and the key contents thereof are as follows.
- Contract contents - Payment method of the purchase price of real estate - 1) : 5 million won in the first intermediate payment: as soon as the contract is in force with a cost of KRW 220 million.