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1. The Defendant concluded a sales contract on December 30, 2015 with respect to the area of 87-31 square meters in the wife, Kim Jong-dong, which is permissible to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, on December 30, 2015, sold the instant land to the Plaintiff for KRW 252,00,000,000 and KRW 100,000,00,000,000 for the same 85-6, 246, 85-7, and 293 square meters for the same 87-17, 483 square meters for the same 87-20, 87-20, 205 square meters for the same 87-28, and 626 square meters for an urban housing development project (hereinafter “instant project”). On December 30, 2015, the Defendant sold the instant land to the Plaintiff for KRW 252,00,000,000 for the remainder on the date of the contract, and received the remainder on the remainder on the date of the loan by the Defendant’s subrogation, and each of the remainder on the remainder on the remainder of the loan, 15,000,00.
(hereinafter “instant sales contract”). B.
According to the instant sales contract, the Plaintiff paid each of the Defendant KRW 10,000,000 on December 30, 2015, and KRW 15,000,000 on January 5, 2016.
C. In addition, on January 5, 2016, the Plaintiff received a receipt from the Defendant that the payment of the remainder of the instant sales contract was completed due to the Plaintiff’s substitute payment.
On the other hand, on January 5, 2016, the Plaintiff agreed to add to the Defendant the terms of the instant sales contract a special agreement stipulating that “if the Defendant is unable to receive the PF Fund by April 30, 2016 if he/she won the administrative appeal, or he/she becomes aware of the progress of the project, he/she will transfer the land of this case to the Plaintiff” (hereinafter “the instant special agreement”). The Plaintiff was provided with the documents necessary for the implementation of the procedures for ownership transfer registration of the instant land by the Defendant.
E. However, the Defendant failed to properly carry out the instant project on the ground of failure to secure the PF funds, etc., and the permission granted by the competent administrative agency to build a new apartment on the instant land, etc. was already revoked on June 27, 2016.
[Ground of recognition] dispute.