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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. On May 13, 2003, the Plaintiff sold C-Do 2,879 square meters and the above D-Do 1,349 square meters (hereinafter “each of the instant lands”) to E Co., Ltd. (hereinafter “E”) seeking to implement a housing construction project on a daily basis of the above land and had registered the ownership transfer without receiving any intermediate payment and any balance.
(hereinafter referred to as the “instant project”). (b)
E’s aggravation of the financial condition of E, led to the waiver of the instant project, and on April 30, 2008, the voluntary auction was commenced on each of the instant lands.
In this situation, the Plaintiff and E agreed to settle the unpaid amount of each of the above lands at KRW 2,094,000,000 on July 15, 2009 and to pay it by August 25, 2009.
C. On August 26, 2009, E decided the maximum amount of money to be KRW 67,900,000,000 as it transferred the ownership of the project site including the instant land (hereinafter “instant project site”) to the Defendant according to a sales contract or auction procedure.
In this case, the main contents of the written agreement between E and the defendant related to this case are as follows:
The Defendant paid KRW 1,500,000,000 to E in accordance with the agreement.
(hereinafter referred to as the “Agreement on Project Site”) - Exemption from the obligations of A (referred to the E)
2. If Eul fails to obtain a successful bid in the above auction procedure, Eul shall make a subrogation to the applicant for auction, and in case Eul shall make a request for revocation of the subsequent auction, Gap shall accept it without delay and take the necessary measures.
3. If Party A considers it difficult for Party B to acquire the real property at the time of auction after the conclusion of this Agreement, Party A shall comply with Party B’s request and, at the same time, take procedures for the transfer of ownership accordingly.
- omitted - The obligation of the defendant (meaning the defendant)
1. B: A.