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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 2, 2013, the Plaintiff entered into a contract to purchase KRW 417,500,000 of the Defendant’s share (1/4) among the respective real estate listed in the separate sheet (hereinafter “instant real estate”), and agreed to pay KRW 5 million out of the down payment of KRW 10,000 on the date of the contract, the remainder of KRW 5,000,000 until December 30, 2013, the remainder of KRW 407,50,000 until June 30, 2014.
(hereinafter “instant sales contract”).
B. The special terms and conditions of the sales contract of this case include the following: Article 3 of the sales contract (if there is any cause restricting the exercise of ownership, public charges, and other charges, the seller shall remove any defect, burden, etc. and transfer full ownership by not later than the date on which the balance is received: Provided, That the same shall not apply to cases where any other agreement is made) and Article 4 (the profits accruing from the above real estate and the charges imposed on the tax public charges, etc. by not later than the day immediately before the date of delivery of the real estate shall belong to the buyer), and the provisions of the proviso attached thereto
C. The details of the instant sales contract are as follows.
This Agreement is a contract made under the mutual agreement with the present owner B at the request of the former owner C representative C Co., Ltd. (limited to the portion of the purchase and sale D site D, 575.2m2m2). The total purchase and sale amount is KRW 417,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, in lieu of the assumption of the obligation and the remaining payment, shall be paid to the seller.
Of the down payment amounting to KRW 1,000,000,000 shall be paid at the time of the contract, and the remainder of the million won shall be paid until December 30, 2013. In the event of a contract, this contract shall be null and void, and the payment shall be reverted to the seller, and the buyer (AC) shall not raise any objection.