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1. The defendant is paid KRW 50,000,000 from the plaintiff, and at the same time the plaintiff is not less than 790 square meters prior to Jongno-gu Seoul Metropolitan Government.
Reasons
1. On January 30, 2007, the Plaintiff concluded a sales contract with the Defendant for the instant land as KRW 70 million and paid KRW 50,000 in total,00,000,000 for down payment and intermediate payment, after concluding the sales contract with the Defendant.
Therefore, the Defendant is obliged to pay the remainder of KRW 20 million from the Plaintiff to the Plaintiff at the same time, and to implement the registration procedure for transfer of ownership for the instant land based on the said sale.
Even if the sales contract of this case was terminated as the defendant's assertion, the defendant is obligated to return to the plaintiff 50 million won of the above sales price paid by the plaintiff.
2. Judgment as to the plaintiff's primary claim
A. In full view of the purport of the arguments in Gap evidence No. 3 and Eul evidence No. 1 as to the cause of the claim, the plaintiff and the defendant asserted that on January 30, 2007, the plaintiff and the defendant signed and sealed Eul evidence No. 1 as to the land of this case on January 30, 2007 as the purchase price of KRW 10 million [the purchase price of KRW 10 million, an intermediate payment of KRW 40 million (payment date February 9, 2007), and the balance of KRW 50 million (payment date March 30, 2007)] are not reliable in light of Eul evidence No. 1 in light of the plaintiff's assertion, and the plaintiff himself written evidence No. 1 as to the plaintiff's statement of intent No. 1 and signed and sealed Eul evidence No. 1 without any choice at the defendant's request. Thus, it is reasonable to view that the purchase price of the land of this case is KRW 710 million, not the purchase price of the land of this case.
The Plaintiff paid KRW 50 million to the Defendant on February 9, 2007, and the Defendant is obligated to pay the remainder of the purchase price to the Plaintiff at the same time with the payment of KRW 50 million from the Plaintiff, barring any special circumstance. In addition, the Plaintiff is obliged to implement the procedure for the registration of ownership transfer for the instant land on January 30, 2007.
B. (i) Defendant’s defense.