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1. As to KRW 730,802,469 and KRW 320,00,000 among the Plaintiff, Defendant C Co., Ltd. from May 9, 2015 to July 22, 2016.
Reasons
1. Facts of recognition;
A. The circumstances before entering into a sales contract are 1) Defendant C Co., Ltd. (hereinafter “C”).
2) The Plaintiff’s land is the Plaintiff’s land (hereinafter “instant land”) and the Plaintiff’s land in Seo-gu, Seo-gu, Seo-gu and Seo-gu, Seo-gu, Seo-gu and 529 square meters.
(B) On July 18, 2014, while negotiating with F, the Plaintiff’s agent, for the implementation of hotel construction projects through PF loans, a letter of agreement that “If the F, despite having obtained the land owner’s consent to use land for a limited period of six months to construct the instant land on the ground, it is impossible to obtain the said construction permit within the said period, or if, within the said period, it is impossible to obtain the said permission and make payment for the land price within two months, it is possible to waive all the rights related thereto acquired by Defendant C (hereinafter “instant letter of agreement”).”
(2) Around February 2015, Defendant C intended to make a provisional registration of the instant land to Defendant B Co., Ltd. (hereinafter “B”) at a time, and borrowed KRW 500,000,000 as the down payment under the sales and purchase contract for the instant land from Defendant B.
B. On February 9, 2015, F and G’s father, who are the Plaintiff’s agent, participated in negotiations on the terms and conditions of the instant land as the Plaintiff’s agent, and H were to enter into a sales contract at the office of a certified judicial scrivener located in the Busan J on behalf of the Plaintiff, the Plaintiff’s husband, and the Plaintiff on behalf of the buyer. On February 9, 2015, F, who participated in the sale of the instant land, participated in the seller’s side, and H and M were also present at the position of introducing both the seller and the buyer’s side. 2) H, the buyer of the instant land, through I, demanded the seller to set up a sales contract and a pre-sale registration at the same time as the sales contract was made on the instant land.