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1. Revocation of the first instance judgment.
2. The defendant sold on March 1, 199 with respect to the real estate stated in the separate sheet to the plaintiff.
Reasons
1. On the premise of the facts, each of the evidence evidence Nos. 1, 2, 4, 7, 30, 31, and 32 (including the number with virtual numbers; hereinafter the same shall apply) stated in the evidence Nos. 1, 2, 4, 7, 30, 31, and 32, and there is no evidence to prove that the plaintiff altered the evidence Nos. 30, 31, but no evidence to prove it exists), the order to submit financial transaction information to Korea Investment Securities
A. From around 1998, the Plaintiff entered into a sales contract with the Defendant on March 1, 1999, with the content that the real estate (hereinafter “C land” and “C building”) listed in the attached Table (hereinafter “real estate”) owned by the Defendant was purchased at KRW 700 million, and the contract deposit amount is KRW 100 million on the date of the contract, and the intermediate payment is paid at KRW 10 million on May 18, 1999, and the remainder amount is KRW 530 million on May 20, 199 (hereinafter “instant sales contract”).
B. After that, the Plaintiff and the Defendant appropriated as part of the down payment that the Defendant has to pay to the Plaintiff, and the Plaintiff decided to accept the obligation to repay the deposit KRW 193 million to the lessee of the building C in lieu of the payment of the purchase price equivalent to the said amount. In addition, the Plaintiff paid the Defendant the remainder of KRW 110 million with the intermediate payment, etc. on May 19, 1999, and KRW 352 million with the remainder on May 24, 1999, and the Plaintiff actually paid the remainder of KRW 193 million to the Defendant in lieu of the acquisition of the obligation to return the deposit, as above, excluding KRW 193 million,00,000,000,000 to the Defendant.
In relation to this, the defendant prepared a receipt that the plaintiff received KRW 100 million from May 18, 199, and KRW 410 million from May 20, 1999 (as to KRW 510 million, excluding KRW 190 million from the amount of the obligation to return the deposit that the plaintiff decided to accept) respectively.
C. The defendant on July 3, 199 caused the sale on July 2, 199 with respect to 1/5 shares of land C to the plaintiff on July 3, 199.