beta
Text
1. As to the Plaintiff’s KRW 93,523,390 and KRW 89,00,00 among them, the Defendant shall start on November 5, 2016, and the remainder 4,523.
Reasons
1. Basic facts
A. On April 9, 2009, the Defendant acquired the ownership of the said 443 square meters as C, the said 443 square meters as D, the said 853 square meters as E, and the said 241 square meters as F, and on June 22, 2009, purchased the said G 1,641 square meters as of June 22, 2009 (hereinafter “G land”), and paid the purchase price in full, but did not complete the registration.
(B) The land located above H is collectively referred to as “H land” (hereinafter “H land”).
On June 30, 2009, the Plaintiff agreed with the Defendant to jointly resell the land (hereinafter “instant agreement”) and paid KRW 25,886,250, half of the costs of H’s purchase to the Defendant for the instant project, and the Defendant promised to keep cash from the Defendant with the purchase price of shares of 50% of H’s land: Provided, That this document is effective from the time when cash is transferred to the Defendant’s account” (hereinafter “the primary cash storage certificate”).
C. On August 6, 2009, the Defendant acquired the ownership of 1 2,701 m2,00 m2 (hereinafter “I land”). On September 4, 2009, the Plaintiff received a cash storage certificate to the effect that “The document shall be kept in cash with the purchase price of 50% shares in I land” from the Defendant, while paying to the Defendant an additional amount of KRW 31,781,935, half of the purchase cost of I land for the instant project. However, the document is effective by the end of September 2009 on the second cash storage certificate of this case stating that “this part shall be limited to the end of September 2009” (hereinafter “the second cash storage certificate of this case”).
The Plaintiff transferred the total amount of KRW 53,50,000,000 on July 2, 2009, KRW 200,000 on July 30, 2009, KRW 500,000 on August 7, 2009, KRW 300,000 on November 17, 2009, KRW 150,000 on March 5, 2010, and KRW 53,50,000 on March 10, 201, to the Defendant account, according to the instant cash custody certificate.
E. On January 13, 201, the Defendant: Jamyang-si, Janyang-si and the said K 2.