청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 31, 2009, the Defendant (1) entered into a sales contract between the Plaintiff and C (2) with C to purchase a number of lots of land sites and buildings including Gyeonggi E site and its ground buildings (hereinafter “each of the instant real estate”) for KRW 2.2 billion (hereinafter “the first sales contract”).
However, 200 million won out of the above purchase price 2.2 billion won was later refunded to the defendant later, and thus, the actual purchase price was 2 billion won.
(2) According to the first sales contract, the Defendant paid the down payment of KRW 200 million to C, but failed to pay the intermediate payment and the balance at any time. Accordingly, C cancelled the said sales contract and confiscated the down payment of KRW 200 million according to the agreement on penalty under the first sales contract.
(3) After doing so, D and C introduced a prospective purchaser of each of the instant real estate, and upon which D and C agreed to refund the down payment of KRW 200 million confiscated to the Defendant.
Accordingly, D introduced F to C as a new purchaser and entered into a contract with C on September 20, 2010 with which F was a internal director, G Co., Ltd., a contract with C to purchase each of the instant real estate in the amount of KRW 1.85 billion (hereinafter “the second sale contract”).
(4) However, since each of the instant real estate was included in farmland and it is difficult to transfer ownership to G, a corporation G, the Plaintiff and C agree to transfer the purchaser status of the Plaintiff newly established by F in the future, and accordingly, the Plaintiff entered into a sales contract with C on October 20, 2010 to purchase each of the instant real estate in KRW 1.75 billion (hereinafter “third-party sales contract”) and completed the registration of ownership transfer of the Plaintiff on the same day.
B. A final and conclusive judgment (1) The Plaintiff is against the Defendant, D, etc. on the ground that the Defendant, D, etc. occupies each of the instant real estate.