매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 20, 2014, the Plaintiff concluded a sales contract with the Defendant (the Defendant’s trade name was “C” at the time, and was changed to “C” on July 30, 2014, and was changed to the current trade name again on February 11, 2015) to purchase KRW 330 square meters (hereinafter “the subject matter of the instant sales”) equivalent to KRW 55,100,000, out of the land owned by the Plaintiff in Youngcheon-si E Forest (hereinafter “the entire land”), and paid KRW 55,100,000 on the day of the purchase to the Defendant.
B. Article 3 of the Land Sales Contract (No. 1) containing the content of the instant sales contract provides that “The selling company shall perform all the documents and actions necessary for the registration of transfer of ownership to the purchaser at the time of receipt of any balance.”
C. On September 30, 2014, the Plaintiff: “Around September 30, 2014, the Defendant received the full purchase price from the Plaintiff on the day of the contract, and thus, did not perform the obligation to cooperate in the procedure for registration of ownership transfer, such as issuing all necessary documents to the Plaintiff pursuant to Article 3 of the Land Sales and Contracts Act; thus, the Plaintiff sent a content-certified mail to the effect that “The content-certified mail will be cancelled” and reached
Meanwhile, in the instant case, G forest land was divided into 3,306 square meters in the entire area of the instant land. The said land was subdivided into 496 square meters in G forest land, H forest land 1,158 square meters in size, and the said land was subdivided into the instant divided land, respectively, on October 23, 2014, the Plaintiff, on September 1, 2014, filed a transfer registration for ownership on the ground of sale on September 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 19-2 and 6, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion.