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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 4, 2013, the Defendant concluded a sales contract with the Plaintiff and the Defendant 1) On June 4, 2013, 101 of the former D Building 101 (hereinafter “101”).
[Attachment 1] and 102 (hereinafter “102”), together with the above 101 and 102 “each of the instant real estates.”
2) A contract to purchase KRW 2.35 billion (hereinafter “instant contract”) for the purchase of KRW 2.35 billion (hereinafter “instant contract”).
(2) The contract deposit of the instant sales contract was KRW 250,000,000,000,000 on the day of the contract, and the Plaintiff issued a receipt from the Defendant that the Plaintiff received all of the said contract deposit amount of KRW 130,000,000 on the following day, KRW 1895,000,000 in total, KRW 238,9550,000 on the following day, and received all of the said contract deposit amount of KRW 250
3) At the time of the instant sales contract, the dispute surrounding the settlement of business partnership between the Plaintiff and E was in progress, registration of provisional injunction and provisional attachment was completed for each of the instant real estate in the name of E. The issue of provisional attachment, provisional injunction, and order was responsible for and resolved by the Plaintiff, the seller, and accordingly, the remaining payment date of the instant sales contract was not specified. (4) Meanwhile, on June 4, 2013, the date of the instant sales contract, the Defendant prepared a loan certificate stating “10 million won loan loan” (hereinafter “the instant loan certificate”) to the Plaintiff on June 4, 2013, which was the date of the instant sales contract, and the said loan certificate stated that “the remaining payment shall be made at the time of the remainder of the D building.”
B. The dispute and agreement 1 E between the Plaintiff and E shall make a joint investment with the Plaintiff to purchase commercial buildings and divide the operating profits. During the process of the dispute between the Plaintiff and E, measures such as provisional attachment and provisional disposition were taken on each of the instant real estate owned by the Plaintiff as seen earlier, and the Plaintiff and E around the time of conclusion of the instant sales contract.