beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the defendant C's punishment, and the defendant B is the defendant C's wife D's partner.
B. Around 2010, the Plaintiff owned an unauthorized building with a total floor area of 72.7276m2 in Seodaemun-gu, Seoul (hereinafter “instant building”) and the site on which the instant building was located is located within the F Housing Redevelopment Improvement Zone, and the Plaintiff was scheduled to obtain the right to move in the apartment site to be newly constructed in the said zone.
C. On December 2010, the Plaintiff decided to sell the above apartment occupancy right (hereinafter “instant apartment occupancy right”) to Defendant B and G.
(hereinafter “instant agreement”). D.
Defendant B and G have prepared and delivered each of the following contents to Plaintiff A around December 2010:
In each letter, the Seodaemun-gu Seoul Metropolitan Government promise to pay the AC amount according to the average (shares) of the subscription price from the time of moving into the E apartment of Seodaemun-gu.
For example, the remainder of the deliberation shall be acquired at the cost of B members. It shall be paid by A in full at the time of the director's expense. It shall be used in B name from the construction company when the loan arises.
E. On December 2, 2010, the Plaintiff changed the name of the owner on the Unauthorized Building Register of the instant building to Defendant B.
F. around October 2018, Defendant B purchased H apartment I-25 square meters in KRW 384,800,000, and paid KRW 18,135,000 as the down payment to the F District Housing Redevelopment Association on October 22, 2018.
G. around May 16, 2019, Defendant B sold the right to move into the instant apartment to J and K in KRW 370,234,000.
H. Meanwhile, around March 2019, Defendant B paid KRW 20 million to the Plaintiff via Defendant C, and KRW 180 million to the Plaintiff via D around July 2019.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1 through 8, 4-8, Eul evidence 1, 2-1, 2-3, and the purport of the whole pleadings
2. The parties' assertion
A. Defendant C asserted the Plaintiff’s assertion of this case.