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1. The Defendant: (a) KRW 266,106,557 for the Plaintiff and KRW 5% per annum from January 20, 2015 to October 13, 2016; and (b) the Plaintiff.
Reasons
1. Basic facts
A. (1) On July 13, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,202 square meters (hereinafter “instant land”) purchased from the Korea Land and Housing Corporation according to the construction project of the Multifunctional Administrative City, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, 1,202 square meters (hereinafter “instant land”).
(2) According to the instant sales contract, the Plaintiff paid 200 million won for the first down payment to the Defendant on July 20, 2012, respectively, and KRW 2,097,612,00 out of the remainder 2.2 billion to the Defendant, on behalf of the Plaintiff, the remainder of the remainder KRW 102,38,00 in the manner of paying the installment to be sold to the Korea Land and Housing Corporation on behalf of the Plaintiff.
(3) On the other hand, on July 13, 2012, the date when the Plaintiff entered into the instant sales contract, the Plaintiff prepared and delivered a cash storage certificate that additionally pays KRW 1.25 billion and KRW 250 million to the Defendant when the Plaintiff pays 10% of the remainder to the Defendant.
B. (1) On June 26, 2012, the Plaintiff asserted that the Defendant paid or deposited the remainder to be directly paid to the Defendant for the first and second down payment of the instant sales contract and the Defendant. The Plaintiff filed a lawsuit against the Defendant and the Korea Land Corporation for the implementation of the procedure for change of the buyer’s name (2012Gahap22781) seeking the implementation of the procedure for change of the buyer’s name against the Defendant and the Korea Land Corporation. On June 26, 2013, the said court rendered a judgment to the Plaintiff to implement the procedure for change of buyer’s name on the instant land.
(2) The Defendant appealed as Seoul High Court Decision 2013Na2014925. On April 24, 2014, the above court ordered the Plaintiff to pay KRW 2,320,643,357, and simultaneously implement the procedure for changing the buyer’s name to “Plaintiff” on December 15, 2011.