beta
Text
1. The Defendant’s KRW 90,000,000 as well as 15% per annum from September 21, 2017 to May 31, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, on October 2012, requested that the Plaintiff sell the instant land by creating a development plan suitable for the Plaintiff’s purpose on and around October 2012, as the owner of C forest land 23,895 square meters, D road 320 square meters, E, 1,649 square meters, and F, 2,975 square meters (hereinafter “instant land”).
B. Although the Plaintiff intended to develop a house for electric power generation on the instant land, there was a public announcement of re-designation based on the criteria for permission for development activities on March 18, 2013, and the instant land also fell under the restriction on permission for development, thereby making it impossible to engage in development activities any longer.
C. After that, on April 10, 2014, the Ministry of Land, Infrastructure and Transport announced the change of re-designation based on the criteria for permission for development activities pursuant to Article 2014-112 of the Notice at Namyang-si, and it became possible to engage in development activities on the instant land by changing the table of Gri area to 224m, upon the Plaintiff’s request, the Defendant entered into a sales contract with H Co., Ltd. (hereinafter “Nonindicted Company”) on the instant land on October 27, 2014 with a purchase price of KRW 1.3 billion, contract deposit of KRW 130 million, contract deposit of KRW 130 million, and KRW 260 million,000,000,000 for the first intermediate payment of KRW 60,000,000 after the contract, and KRW 110,000,000,000 after the contract and KRW 180,000,000.
On October 28, 2014, the Plaintiff agreed to receive KRW 30 million in total by paying KRW 45 million at the time of the receipt of the first intermediate payment, and KRW 45 million at the time of the receipt of the second intermediate payment, as a service cost that was taken measures to make it possible for the Defendant to sell and purchase with the Defendant, and received KRW 30 million from the Defendant on the same day.
E. The Defendant received KRW 130 million from the Nonparty Company on October 30, 2014; KRW 260,000,000 from the first intermediate payment on January 15, 2015; KRW 100,000 from the second intermediate payment on July 8, 2016; KRW 100,000 from the remainder on August 31, 2016; KRW 30,000 on June 30, 2017; and KRW 680,000 from the Nonparty Company on June 30, 2017.