매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5, 8, 11, and Eul evidence Nos. 1, 3, 4, 10, 12, and 13 (including each number).
C On October 29, 2012, on behalf of the Plaintiff, on the part of the Defendant, the Defendant prepared a sales contract (hereinafter “the instant contract”) with respect to the purchase price of KRW 370 million with respect to the land of KRW 1207 square meters in the name of the Plaintiff, KRW 311 square meters in the name of the Plaintiff, KRW 311 square meters in the name of the Plaintiff, KRW 8893 square meters in the Gu, KRW 479 square meters in the name of the Plaintiff, KRW 2311 square meters in the G-type, KRW 1124 square meters in the name of H, KRW 1124 square meters in the first half, KRW 92 square meters in the J, and KRW 2102 square meters in the name of the Plaintiff, and the remainder shall be paid on the date of the contract, as of March 2013.
B. Meanwhile, C was the title trust of the instant land to the Plaintiff.
C. The instant land was completed by the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) that caused KRW 130 million to the debtor, the mortgagee of the right to collateral security, and the maximum debt amount of KRW 100,000,000, but the Defendant was to perform, accept, or pay by subrogation the said secured debt amount of KRW 100,000.
On October 29, 2012, the Defendant paid the down payment of KRW 37 million to the Plaintiff.
E. On February 1, 2013, C prepared, on behalf of the Plaintiff, a sales contract between the Defendant and the Defendant on the instant land, which forms a sales contract consisting of KRW 32 million for the purchase price, and the said contract does not indicate the date of payment of the down payment or the purchase price.
F. However, on February 1, 2003, the Defendant paid to the Plaintiff the remainder amount of KRW 330 million (=the remainder amount of KRW 330 million - KRW 100 million as the secured debt of the instant collateral security).
G. On February 5, 2013, the Plaintiff completed the registration of ownership transfer on G land and H land among the instant land.
H. On March 25, 2013, the Plaintiff, except the above G land and H land, in the instant case.