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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. On December 23, 2014, the Defendant entered into a real estate sales contract with the Foundation C to purchase real estate in the amount of KRW 4,750,000,000 between the Defendant and Jongno-gu Seoul, and the Defendant agreed to pay the balance of KRW 4,35,000,000 on May 29, 2015. (2) On June 17, 2015, the Defendant completed the registration of transfer of ownership on the ground of sale on June 8, 2015, with respect to the portion of KRW 1/1,000,000, out of the balance of KRW 4,750,000,000, which is Seoul Jongno-gu DD 25,000.
3) Three parties, including E, completed the registration of ownership transfer on June 17, 2015 with respect to the Defendant’s share as indicated in the preceding paragraph (1) on the grounds of sale and purchase (each of 1/3,000) on June 12, 2015. (B) The Defendant, around June 3, 2015, prepared “Agreement (1)” containing the following contents between the Plaintiff and signed the Defendant’s signature at the bottom:
(A) With respect to the purchase of parcels outside Jongno-gu Seoul Metropolitan Government D and five parcels, the Defendant agrees to pay KRW 50,000,000 to the Plaintiff, a joint project partner, as well as Defendant and one other, separate funds for the project cost and for the investment service cost of other development rights, respectively. (b) The sales contract at this location is recognized and the resale contract at this location shall not be held separately for others, and the Defendant shall be held liable for civil and criminal liability in the event of the violation.
2) On June 3, 2015, the Defendant: (a) prepared a “agreement” containing the following contents between the Plaintiff and signed by the Defendant at the bottom thereof (hereinafter referred to as “Agreement 2”); and (b) signed by the Defendant at the bottom thereof (hereinafter referred to as “instant agreement”); and (c) in relation to the purchase agreement with the land of Jongno-gu Seoul Jongno-gu D5 as the business location, the Defendant, a joint project executor, made an investment of KRW 30,00,000,000,000,000,000,000,000,000.