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1. As to the Plaintiff KRW 223,983,60, and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 223,983,60,000 from June 7, 2013, and KRW 100,00,00.
Reasons
1. Basic facts
A. 1) The Republic of Korea is the 92,618 square meters of C Forest land in Chungcheongbuk-gun (hereinafter “instant forest”) (hereinafter “the instant forest”).
(2) On November 4, 2009, the land category was changed from forest land to road, the category of which was changed on November 4, 2009.
The above D, E, F, G, and H land are “the instant road” and “the instant forest land and the instant road collectively referred to as “each of the instant land”.
A) On December 29, 1965, the registration of initial ownership was completed on the part of the petitioner group on the above G and H land. After that, on August 2, 2005, the petitioner group completed the registration of initial ownership transfer on August 3, 2005 due to the consultation on the public land as of August 2, 2005. 2) I represented I, J, K, L, M (hereinafter “I, etc.”) and the Defendant signed a trade promise with the petitioner group on January 14, 2013 that “I, etc. prevail against the Republic of Korea and the petitioner group in the lawsuit claiming for the performance of the procedure for the registration of initial ownership transfer and the cancellation of ownership transfer registration as described in the above A, I, etc. sold each of the instant land to the Defendant at KRW 250,000,000.”
3) On January 28, 2013, as Seoul Central District Court Decision 2013Da22698, I et al. filed a lawsuit against the Republic of Korea and the petitioner group seeking the implementation of the procedure for registration of preservation of ownership and registration of cancellation of ownership transfer as stated in the foregoing paragraph (1) (hereinafter “related case”), and received a judgment in favor of all of the parties on June 18, 2013, and the said judgment became final and conclusive on June 28, 2013.
B. On June 7, 2013, the Defendant concluded a sales contract with N to sell each of the instant land to the Plaintiff at KRW 700,000,000 (hereinafter “instant sales contract”) between N and the Plaintiff’s agent (hereinafter “instant sales contract”).
The Plaintiff and the Defendant paid KRW 50,000,000 on the date of the contract, and KRW 100,000,000 on the date of the first intermediate payment, June 13, 2013, and KRW 250,000 on the second intermediate payment, respectively, on June 28, 2013, and KRW 300,000,000 on the basis of a special agreement.
(a)Paragraph 3.