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1. The Defendant’s KRW 750 million to the Plaintiff and the Plaintiff’s 5% per annum from February 19, 2008 to May 26, 201.
Reasons
1. Facts of recognition;
A. On February 2007, the Plaintiff and Nonparty C decided to purchase the land of this case and then distribute it to another person who purchased the land of this case, after purchasing the land of this case, 5,419m2 (hereinafter referred to as “the land of this case”) located in the area designated as an area subject to permission of land transaction contract under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
B. On February 9, 2007, the Plaintiff and C entered into a sales contract with the Defendant to purchase all the land of the instant Nos. 1, 2, and 3 at KRW 7.5 billion (the contract amount of KRW 750 million, the balance of KRW 6.750 million, and the balance of KRW 6.5 billion). For the convenience of business promotion, the Plaintiff and C entered into a sales contract with the Defendant to purchase the land of the instant case at KRW 7.5 billion (the contract amount of KRW 50 million, the balance of KRW 60 million), and the purchase price of KRW 2.85 billion as to the land of the instant case at KRW 2,80 million (the contract amount of KRW 30 million, the balance of KRW 2.5 billion, the balance of KRW 350 million), and the purchase price of KRW 4.5 billion as to the land of the instant case at KRW 3 billion (the contract amount of KRW 4.6 billion, the remainder of KRW 3.6 billion), and the remainder of the payment date.
(hereinafter “instant sales contract”). The Plaintiff, at its own expense, delivered to the Defendant a down payment under the instant sales contract, KRW 50 million on February 9, 2007, and KRW 250 million on March 5, 2007, respectively.
C. After that, the Plaintiff and C changed the name of the purchaser under each of the above sales contracts to Nonparty N, the Plaintiff’s wife, and upon the Defendant’s cooperation, applied for land transaction permission for each of the above sales contracts to the Hamju Mayor on November 2007 with the Defendant’s cooperation.
On November 29, 2007, the strike Mayor respectively permitted a sales contract for the land of this case No. 3, and the sales contract for the land of this case No. 2 on December 6, 2007.