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1. The Defendant’s KRW 14,690,191 as well as 5% per annum from October 12, 2013 to May 13, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s purchase of forest land (1) The Defendant, as the representative director of C Co., Ltd. (hereinafter “Co., Ltd.”), is a real operator of the above company and D, and the above two companies were operated as a single company.
(2) On March 24, 2006, the Plaintiff purchased 300 square meters located at the entrance entrance of the access road, among 12,995 square meters of forest land Fag-gun, Incheon Cheongjin-gun, Incheon (hereinafter “Before division”), owned by C, from March 24, 2006, at KRW 168 million, at a discount of KRW 6 million out of the purchase price, and paid KRW 162 million to C, subject to the payment of remaining lump sum.
(3) On the other hand, on March 28, 2006, the land prior to the subdivision was divided into 10,837 square meters of the F Forest, G forest, 1,365 square meters of the forest, and H forest, 793 square meters of the forest. D purchased only F forest (hereinafter “land after subdivision”) and completed the registration of ownership transfer on June 19, 2006, and completed the registration of ownership transfer on July 13, 2006 with respect to share of 992/10,837 of the Plaintiff’s purchased area among the land after subdivision to the Plaintiff.
B. Change and registration of the subject matter of sale (1) The Plaintiff notified C of the fact that the land purchased by C is not included in the land after partitioning as part of the said G forest, and demanded C to cancel the sales contract and refund the sales price.
(2) On August 11, 2006, C prepared and delivered a written performance note stating that “The Plaintiff will process the building permit and license and personal registration of the instant land as compensation for the change of the subject matter of sale caused by mistake in C(D)” with respect to the land after dividing the subject matter of sale into part of the land after dividing it with the Plaintiff.
(3) On January 8, 2007, D divided the land into 29 pieces again, and completed the registration of ownership transfer based on the partition of co-owned property as to the land of this case, which falls under the instant land, to the Plaintiff.
C. The Defendant on May 25, 2011