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1. The defendant shall receive KRW 14,951,100 from the plaintiff and at the same time, each of the annexed land list to the plaintiff.
Reasons
1. Facts of recognition;
A. On January 16, 2015, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in attached Form 2 (hereinafter “instant real estate”) at KRW 215,00,000 for the purchase price of KRW 215,00.
(hereinafter “instant sales contract”). The main contents are as follows:
25,000,000 won of down payment, the intermediate payment of KRW 90,000,000 on January 16, 2015, which is the contract date, shall be paid in February 12, 2015, and the remainder of KRW 100,000,000 on February 26, 2015.
Of the remainder, KRW 16,612,300 of the lease deposit shall be deducted from the purchase price, and when the Plaintiff paid the remainder to the Defendant, the Defendant shall issue all documents necessary for the registration of transfer of ownership to the Plaintiff and deliver the subject matter of the sale to the Plaintiff until February 26, 2015.
(The balance shall be settled at the time of the occurrence of the difference in the lease deposit). The ownership of the sale goods shall be transferred from the defendant to the plaintiff on the payment date of the remainder.
Provided, That in cases where the registration of land is not completed before the remainder payment date, the Plaintiff shall withhold KRW 20,000,000 and pay it at the time of completion of the registration of land because it is impossible to transfer the part of the site ownership of the above building.
B. On February 12, 2015, the Plaintiff paid either the down payment of KRW 25,000,000,000, and the intermediate payment of KRW 90,000,000, respectively, on the contract date.
C. On February 26, 2015, the Plaintiff paid 60,887,700 won ( residual 100,000,000 won - KRW 16,612,300 due to land registration - KRW 20,00,000 due to land registration - KRW 25,00,000 due to a delay in site ownership - KRW 2,50,000 due to the contract amount for reduction due to delay in site ownership) to the Defendant, and completed the registration of ownership transfer on the part of the instant real estate.
1) The Defendant did not receive KRW 14,951,100, out of KRW 16,612,300 of the lease deposit with respect to the instant real estate from the lessee. The Plaintiff succeeded to the lessor’s status with respect to the instant real estate from the Defendant. (2) On February 26, 2015, the Plaintiff permitted the Defendant to receive KRW 16,612,300 from the Defendant and for the next five years (before the expiration of the contract period).