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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 23, 2004, the Plaintiff sold 16 lots of land, including 119 square meters, to the Defendant, the 140,000,000 won for the purchase price, and the down payment of KRW 140,00,000 among the down payment, the intermediate payment of KRW 875,000,000 on the date of the contract, and the remainder payment of KRW 400,000 on January 8, 2005, the Plaintiff entered into a contract under which the ownership transfer on each of the said parcels of land is to be paid simultaneously (hereinafter “instant sales contract”).
The subject matter of the instant sales contract includes land owned by others, such as G and H, in addition to land owned by the Plaintiff. However, there is no dispute between the parties as to the fact that the Plaintiff is entitled to receive the full amount of the instant sales contract, and thus, it is determined under the premise.
B. On January 21, 2005, when the Plaintiff did not receive any balance of KRW 400,000,000, the Plaintiff completed the registration of transfer of ownership with respect to the remainder of the land excluding the area of 404 square meters (hereinafter “instant E”) owned by the voice group in the said land.
C. The Plaintiff filed an application for provisional attachment with the amount of claim KRW 400,000,000 for the land, etc. located in the Cheongju District Court 2005Kahap277, which was located in the Cheongju District Court 2005Kahap27, and received the provisional attachment order on November 21, 2005, and the provisional attachment registration of this case was completed on November 23, 2005.
(hereinafter “instant provisional seizure”). D.
On October 19, 2006, the Plaintiff received KRW 200,000,000 from the Defendant out of the remainder of the instant sales contract.
In addition, the provisional attachment was made against the remainder of KRW 100,00,000,00, not paid in connection with the sale of the real estate of KRW 16,000,000, and the above KRW 100,000 will be paid by the end of March 201 on the condition that the provisional attachment was first terminated, and this will not only be JC representatives, but also be personal and criminal responsibilities.
p.s. The purchase price of one parcel owned by the military shall be paid not less than three times the officially announced value at that time;