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1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to pay the principal lawsuit.
Reasons
1. Basic facts
A. On July 21, 2004, the Plaintiff divided D forest with a size of 3,300 square meters of 4,547 square meters of C forest and 4,547 square meters of D forest and D forest and 1,403 square meters on October 21, 2004 between E and E who represented the Defendant on July 21, 2004. The Defendant asserted that the above part of the subject matter of sale was 4,547 square meters of C forest and 4,547 square meters of land after the division, and the Plaintiff did not dispute it. Accordingly, this part is called “C forest and 4,547 square meters” (hereinafter referred to as “1,00 square meters of 70 square meters of road site”) and the subject matter of sale is 1,070 square meters since it completed the registration of ownership transfer, including 1,070 square meters of road site.
(2) At the time of the conclusion of the above sales contract, the Plaintiff concluded a sales contract to purchase the purchase price of KRW 200,000,000. (2) At the time of the conclusion of the above sales contract, the Plaintiff agreed to pay the Defendant the remainder amount of KRW 80,000,000 on August 20, 2004, and the intermediate payment of KRW 100,000 to the Defendant on October 15, 2004, respectively. The Defendant agreed to receive the remainder and deliver all documents necessary for the transfer of ownership (However, the buyer column of the sales contract includes the Plaintiff’s child and two other parties) and stipulated the following special terms.
Matters of special agreement
1. Registrations made in excess of 1,070 square meters but actually 1,00 square meters and the remaining 70 square meters shall be left on the road by the buyer;
b.2. Access 6m shall be packed in Acon until December 31, 2004.
3) According to the above sales contract, the Plaintiff paid the Defendant’s agent KRW 20,00,000 on the date of the contract, and KRW 80,000,000 for the intermediate payment on September 16, 2004. (B) On July 22, 2004, G acting for the Plaintiff on behalf of the Plaintiff was about KRW 2,40,000,000 for the intermediate payment on September 16, 2004, between E and E acting for the Defendant on July 22, 2004, the Defendant alleged that the said part of the subject matter of sale was about KRW 5,950,00 square meters for forest 1,40,000 square meters for forests and fields after the division, and the Plaintiff did not dispute the said part, and therefore,