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1. The defendant shall pay 276,00,000 won to the plaintiff and 20% per annum from January 9, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. On October 18, 2005, the Plaintiff et al. and two others concluded a sales contract with the Defendant that KRW 150,000,000 of the down payment of KRW 366,00,000 of the total purchase price of KRW 732,00 (including D) of the C Forest land in e.g., the contract amount of KRW 366,00,000,000 on the date of the contract, and the balance of KRW 216,00,000 on the date of the contract to be paid at the time when the transfer of ownership is delivered, the contract deposit received by the Defendant shall be returned if the Defendant is lost on the condition that the contract is favorable by the Defendant in the civil trial, and the period of the trial proceedings (the first trial) shall be eight months from the date of the contract, and if the first trial judgment is not completed within eight months
(2) The Plaintiff paid 75,00,000 won out of the down payment to the Defendant pursuant to the above contract on the day of the contract.
B. On October 26, 2005, the Plaintiff concluded a sales contract with the Defendant to pay the purchase price of KRW 48,000,000 for E forest land 318 square meters on the date of the contract. The above sales contract condition is that the Defendant won in a civil trial, and if the Defendant loses the contract, the contract deposit received by the Defendant shall be returned. The period of the trial (the first instance trial) shall be eight months from the date of the contract, but if the first instance trial is not completed within eight months, the said contract may be terminated under mutual agreement, and if the payment is not completed within eight months, the said contract may be returned (hereinafter “the second sales contract”).
The Plaintiff paid the Defendant the above KRW 48,000,000 on the day of the contract pursuant to the above contract.
C. In addition, the Plaintiff received investment from the Plaintiff’s relatives and entered into a sales contract similar to each of the above contracts with the Defendant (hereinafter collectively referred to as “instant third sales contract”).
However, by the time of 2010, the Defendant did not perform the instant sales contract to the Plaintiff, and each down payment is also a down payment.