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1. The defendant shall be paid KRW 660,000,000 from the plaintiff, and at the same time, the defendant shall be paid KRW 660,000 to the plaintiff 198 square meters.
Reasons
1. Basic facts
A. On July 9, 2016, the Defendant: (a) determined the purchase price as KRW 700,000,000,000,000 for 198 square meters (hereinafter “instant land”); (b) paid the down payment to the Plaintiff at the time of the contract; and (c) sold the remainder KRW 360,000,000 on October 9, 2016, and the remainder KRW 360,000,000 on November 9, 2016.
(hereinafter “instant sales contract”). B.
At the time of the instant sales contract, the Plaintiff and the Defendant drafted a sales contract with a sales amount of KRW 400 million in order to reduce the tax burden (this sales contract includes payment and receipt of KRW 40 million in down payment at the time of the contract, and the remainder of KRW 360 million in payment on November 9, 2016) and as regards the remainder of KRW 300 million in payment, D, the husband of the Plaintiff, prepared a loan certificate to E, the Defendant, the Defendant, the Defendant’s husband.
(The repayment date of KRW 300 million is set on October 9, 2016).
On November 10, 2016, the Defendant sent a notice to the Plaintiff stating that “The instant sales contract was revoked pursuant to Article 110(1) of the Civil Act because the Defendant was deceptioned by the Defendant, thereby making it illegal.” The said notice reached the Plaintiff around that time.
In addition, on January 18, 2017, the Defendant sent each notice to the Plaintiff stating that “the instant sales contract was so-called so-called “the instant sales contract was concluded by mistake as illegal and lawful,” and that “the instant sales contract was revoked by mistake,” and that “the instant sales contract was revoked by mistake,” and that “the instant sales contract was revoked by repayment of KRW 80 million, an amount equal to the down payment under the instant sales contract, and the instant sales contract was rescinded.” At that time, each of the above notices reached the Plaintiff.
E. On May 12, 2017, the Plaintiff deposited KRW 300 million in total of KRW 8,876,712 from the date of the intermediate payment and the date of the intermediate payment to the date of deposit, with the Defendant deposited KRW 308,876,712.
recognized.