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1. The Defendants were to sell and purchase each real estate listed in the separate sheet to the Plaintiff on April 14, 2016.
Reasons
1. Facts of recognition;
A. On May 16, 2015, the Plaintiff entered into a sales contract with the Defendants and Kimpo-si to purchase KRW 345m2 and G road 37.73m2 in KRW 148,00,000. On April 14, 2016, the purchaser changed the purchaser from the Plaintiff to H, who is the Plaintiff. The Defendants completed the registration of ownership transfer on the said F land and its ground to H on November 7, 2016.
B. On April 14, 2016, the Plaintiff concluded a sales contract to purchase approximately KRW 1002m2 and KRW 1002m2 of G Road 1371m2 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 20,000 as down payment to the Defendants on the same day, and paid KRW 19,627,50,000 on May 16, 2018, which is the remainder payment date.
C. Pursuant to the instant sales contract, approximately KRW 100m2 of the land of Kimpo-si that the Plaintiff intended to purchase was divided into forest land listed in attached Table 1, October 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 (including paper numbers), Eul evidence 1 (including paper numbers), Eul evidence 6, the purport of the whole pleadings
2. Determination as to the cause of claim and the Defendants’ assertion
A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to implement the registration procedure for ownership transfer on April 14, 2016 with respect to each real estate listed in the separate sheet to the Plaintiff.
B. The Defendants’ assertion, etc. asserted 1) asserted that the Plaintiff was expected to purchase the J land at the time of Kimpo-si and that there was no provisional contract on the real estate stated in the attached list, and that there was no conclusion of the instant sales contract. It is recognized that No. 1 (the contract of the instant sales contract) was made using the sale contract (the document of the instant sales contract) with the F 345m2 at the time of Kimpo-si, Kimpo-si in the form of No. 1-2.
However, Defendant C received KRW 20,000,000 as well as the special terms and conditions separately from the purchase price and the payment date.