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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽3, 8∽11호증, 을 3∽6, 9, 10호증(가지번호 포함)의 각 기재, 변론 전체의 취지 피고는 2006. 4. 24.경부터 별지
1. The “C Hospital funeral hall” (hereinafter “instant funeral hall”) has been operated on the first floor below each real estate listed in the list (hereinafter “instant real estate”).
On August 26, 2014, the Plaintiff purchased 50% of the shares in the instant real estate from the Defendant in KRW 1.25 billion, but the Plaintiff shall borrow the remainder of KRW 1 billion from the Defendant until October 30, 2016 and pay interest of KRW 7 million per month to the Defendant.
2. The sales contract entered in the list (hereinafter “instant sales contract”) was concluded.
On April 13, 2015, the Plaintiff and the Defendant entered into a contract on behalf of the co-owners of the instant real estate to sell the instant real estate for KRW 4 billion to the Medical Center, and received KRW 500 million as the down payment from the Medical Foundation. Since the Bowon Medical Foundation was unable to perform the said contract, the instant down payment was confiscated and the said contract was revoked.
① On September 1, 2015, the Bowon Medical Foundation refused to cooperate with the Plaintiff and the Defendant in the lending procedures for the settlement of any balance, and filed a lawsuit claiming the return of the down payment, etc. at this court, 2015Gahap23106.
② As a separate sales contract was concluded on January 15, 2016 with respect to the instant real estate, a separate sales contract was concluded on April 13, 2015 between the Plaintiff, the Defendant, and the Bowon Medical Foundation. The said lawsuit was concluded on April 2, 2016 as a recommendation for reconciliation with the content that renounced the claim by the Bowon Medical Foundation.
③ The D and the Bowon Medical Foundation refuse to cooperate in the lending procedure in accordance with the above separate sales contract, on the ground that the Defendants refused to do so.