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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Facts of recognition;
A. On August 18, 2006, E’s conclusion and implementation of the preceding sales contract of this case 1) for the purpose of the construction of a golf course, including six parties, including the Defendant, F, G, H, I, and J (hereinafter “Defendant and five others”).
2) On September 7, 2006, E established D Co., Ltd. (hereinafter “D”) for the golf course construction project on September 7, 2006, in order to purchase K forest land of KRW 527,770, and KRW 37,000,00,000, and this contract concluded a provisional contract to conclude until October 16, 2006, and paid KRW 200,000 as down payment.
D) On December 18, 2006, the Defendant and 5 other than the Defendant agreed to purchase K forest land of KRW 1,744,704 square meters and KRW 25 billion in Ansan-si, and the down payment is KRW 2.5 billion, and the intermediate payment is part of the down payment paid at the time of the provisional contract, and the intermediate payment is paid at KRW 2.5 billion until January 31, 2007. However, if there are justifiable grounds, the agreement was concluded that the date of payment may be changed.
(3) Of the down payment amounting to KRW 2.5 billion under the preceding sales contract of this case, D did not pay KRW 2.3 billion. The Defendant sent a content certificate (No. 5) stating the cancellation of the preceding sales contract of this case on April 7, 2008 on the ground that the down payment is unpaid, etc. At that time, the pertinent content certification reached D. 4) on Ansan-si on July 9, 2009, K Forest 1,74,704 square meters were 1,30,309, 453 square meters, L 728 square meters, M 303 square meters of forest, 4,935 square meters of forest, 4,935 square meters of forest, 194 square meters of forest, P. 3,978 square meters of forest, forest and forest, 179 square meters of forest, forest and forest, 204 square meters of forest, forest and forest, 375 square meters of forest, forest and forest, 374, 205 square meters of forest and forest.
B. On September 3, 2015, the Plaintiff and the Defendant entered into the instant sales contract with the Defendant, on September 3, 2015, 484/1,79,150 of the Defendant’s share in the land C 368,097 square meters from the Defendant.