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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is limited to the cause of sale on August 25, 2016.
Reasons
1. Basic facts
A. On April 12, 2010, the Defendant, the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) failed to pay taxes to Gwangju Tax Office while running a personal business on or around 2010, and on April 12, 2010, the attachment registration was completed in the name of the Republic of Korea (hereinafter “Disposal Office”) as the receipt of the Gwangju District Court’s Circuit Registry No. 56560 on each of the instant real estate.
B. On August 25, 2016, the Plaintiff and the Defendant purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant as the purchase price of KRW 35,600,000, and the Plaintiff entered into a sales contract in lieu of the Plaintiff’s acceptance of KRW 35,600,000 for the Defendant’s obligation to pay delinquent taxes against Gwangju Tax Certificate (hereinafter “instant sales contract”). Article 6 of the instant sales contract states that “When the seller has breached a contractual obligation, the buyer compensates for the double payment of the down payment as penalty and the buyer has breaching the contractual obligation, the right to claim a return shall be deemed as a penalty, and the right to claim a return shall be lost even after the contract is performed.”
C. In the process of concluding the instant sales contract, the Plaintiff agreed with C, which was the Defendant’s falsity, and on August 25, 2016, the Plaintiff paid KRW 10,000,000 to C in return for the conclusion of the instant sales contract.
On November 16, 2016, the Defendant entered into the instant sales contract with the Plaintiff and paid KRW 10,00,000 from the Plaintiff, but appears to refer to the registration of seizure of this case, although the Plaintiff and the Defendant failed to reach an agreement between the Plaintiff and the Defendant on November 16, 2016, and it is apparent that the Defendant would refuse to accept the deposited amount without contact. As such, the Defendant entered the instant sales contract into with the Plaintiff and the Defendant as “the Plaintiff” and the fact that the deposited amount was KRW 10,00,000,000.”