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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence Nos. 1, 2, 4, 5-2, and 1 to 3.
On September 1, 2008, 4,959/41,678 shares of 1,350,000, among the land in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant land”) established for the purpose of real estate development, sale, sale, sale, sale, sale, etc. (hereinafter “automobile construction”) was purchased in KRW 1,350,50,000, and the down payment of KRW 1,120,50,000 was concluded on the date of conclusion of the contract, the intermediate payment of KRW 1,50,50,000 was to be paid by December 22, 2008, the balance of KRW 135,00,000 until January 10, 2009 (hereinafter “instant sales contract”).
B. On January 13, 2009, the following construction: (a) under the instant sales contract, only paid 94,500,000 won as down payment to the Defendant; (b) the intermediate payment and remainder were unpaid after the agreed date; and (c) on January 13, 2009, the Defendant sent a document verifying that the instant sales contract would be rescinded on the ground that the intermediate payment and the remainder are unpaid; and (d) the following comprehensive construction was served by the content-certified mail around that time.
C. On the other hand, on December 9, 2014, the following construction: (a) on the other hand, on the part of the Plaintiff, transferred the obligation to return KRW 94,500,000 (hereinafter “the instant obligation”); and (b) around that time, notified the Defendant of the assignment of the said obligation.
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) The Plaintiff’s comprehensive construction on the instant land purchased shares of 4,959/41,678 out of the instant land from the Defendant for the purpose of re-sale after newly constructing a factory on the instant land. The construction of a new factory was approved only for about 54% of the instant land. Pursuant to Article 3(5) of the instant sales contract, the purchase price of the instant land was KRW 729,00,000 (=1,350) in accordance with the land area for which the new construction of a factory was approved.