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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The gist of the Plaintiff’s assertion 1) (1) around February 2008, the Plaintiff is the Defendant around 3,385 square meters prior to Pyeongtaek-si C (hereinafter “instant land”).
(2) On June 30, 2008, the Plaintiff paid KRW 400 million to the Defendant and D, the owner of the said land.
In entrusting purchase, the Defendant paid KRW 100 million to the Defendant. However, the Defendant did not transfer the ownership of the instant C and E land to the Plaintiff. (2) The Defendant, as its primary assertion, did not handle the delegated affairs despite being entrusted by the Plaintiff with the purchase of the instant C and E land. As a result, the Defendant sought reimbursement of KRW 400 million, excluding the refund of KRW 500,000,000,000 paid by the Plaintiff due to the nonperformance of the obligation, and damages for delay.
② As the preliminary assertion No. 1, the Defendant had no intention to transfer the registration of ownership transfer of the instant land C and E to the Plaintiff, but had received KRW 500 million from the purchase price of each of the said lands by deceiving the Plaintiff. As such, the Defendant sought compensation for damages incurred by tort, excluding KRW 500 million, which was refunded to the Plaintiff, KRW 40 million, and damages for delay.
③ As the second preliminary assertion, even if it is not recognized that the Plaintiff delegated the purchase of the instant land to the Defendant, it may be deemed that there exists a title trust agreement for the instant land between the Plaintiff and the Defendant, and the said title trust agreement constitutes a contract title trust. According to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the said contract title trust becomes null and void, and thus, the Defendant is obligated to return the said purchase price
Therefore, the defendant paid 400 million won to the plaintiff as the purchase price of the above land.