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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On September 30, 201, the Plaintiff and the Defendant concluded an agreement with the Defendant to purchase KRW 1.5 billion for the purchase price (hereinafter “the instant primary sales contract”); KRW 200 million on the date of the contract; KRW 50 million on November 15, 201; and KRW 800 million on January 15, 201; and each of the remainder payment and KRW 800 million on January 15, 201, with the Plaintiff’s waiver of all the amounts already paid and no objection may be raised against the intermediate payment and the remainder payment payment.
B. On September 30, 201, the Plaintiff paid KRW 200 million to the Defendant the down payment amounting to KRW 500 million, and the Plaintiff paid KRW 200 million to the intermediate payment, which was the intermediate payment, KRW 300 million on November 17, 201, KRW 100 million on November 28, 201, and KRW 500 million on December 9, 201.
C. On December 201, the Plaintiff entered into a sales contract with the Defendant and the Defendant for the purpose of changing the balance into the sales contract (hereinafter “the instant secondary sales contract”) with the date of the remainder payment to KRW 1.2 billion, and entered into a sales contract again on January 31, 2012 (hereinafter “the instant secondary sales contract”). While entering into the said contract, the Plaintiff again entered into an agreement with the Defendant for the purpose of changing the balance to KRW 1.2 billion (hereinafter “the instant secondary sales contract”). While entering into the contract as “the date of the preparation” to “the agreed intermediate payment and the remainder payment payment date,” the Plaintiff may waive all the amounts already paid and may not raise an objection thereto if the said amount is not paid on the agreed intermediate payment and the remainder payment date (hereinafter “instant special agreement”).
On the other hand, on April 12, 2012, the Defendant registered ownership transfer in the name of a third party with respect to part of the instant real estate, and on April 12, 2012, 5,200 shares in attached Forms 1 through 6, 10 through 20.