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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 do not conflict between the parties, or each of the statements stated in Gap evidence Nos. 1 through 15, 17, and evidence No. 21-6, 7, 16, 17, 18, 21, Eul evidence No. 1, 2, 4 through 7, 11, 12, and 17 may be acknowledged in full view of the purport of the whole pleadings.
(2) On November 2013, the Defendant received golf lessons from the Plaintiff at a screen driving range operated by the Plaintiff, and he stored the same in kind with the Plaintiff.
B. On December 2013, the Plaintiff found a site for the construction of a golf driving range, and around 2,486 square meters in Ansan-si, Dong-si, E-si, the Defendant around 2,486 square meters (hereinafter “1 land”).
(2) On January 25, 2014, the Plaintiff agreed to sell the first land to D until February 15, 2014 after completing the registration of ownership transfer concerning the first land by the Defendant and the Defendant, and H, a corporation, and the Plaintiff, until February 15, 2014, the Plaintiff agreed to sell the first land to D KRW 413.6 million (=752 +50 million) and the purchase price under the sales contract is KRW 330 million and the down payment is KRW 20 million.
(See Evidence No. 5) 3) Accordingly, D remitted to the Defendant KRW 20 million on January 27, 2014, KRW 10 million on February 4, 2014, KRW 30 million on February 5, 2014, KRW 13.6 million on February 6, 2014, respectively, and the Imar (hereinafter referred to as “Imar”) on February 4, 2014.
G, the representative of J, remitted KRW 10 million to J. 4) G, the owner of land 1, completed on February 10, 2014 the registration of ownership transfer based on sale and purchase of land 1.
F obtaining a loan of KRW 238 million from the Seocho-dong Agricultural Cooperative on the same day (hereinafter referred to as the “Seodong Agricultural Cooperative”), and as a security, the F completed the registration of creation of a neighboring mortgage in the amount of KRW 310,000,000,000,000,000 won, and the debtor F, with respect to the land of KRW 1 in Seocho-dong Agricultural Cooperative on the same day.
5. The defendant.