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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 acknowledged in full view of the evidence as set forth in subparagraphs A and 5 of this Article and the purport of the entire pleadings.
C Co., Ltd. (hereinafter referred to as “C”) carrying out a housing construction project in the area of land D in Ulsan-gu, Ulsan-gu, Ulsan-gu, and entered into a sales contract with the Defendant on November 9, 2006, which includes the following terms (hereinafter “instant sales contract”) with respect to the Ulsan-gu Emb loan F (hereinafter “instant real estate”) owned by the Defendant, and deposited KRW 13,200,000 in the Defendant’s account on January 12, 2007.
A seller: The defendant and the buyer: 132,00,000 won (a contract deposit of KRW 13,20,000 shall be paid on November 30, 2006, and the balance of KRW 118,80,000 shall be paid on or before February 28, 2007, the seller shall provide the buyer with all documents necessary for the transfer of ownership at the same time as the remainder payment is received, and if the seller has entered into a contract under Article 3, he shall specify the real estate in the form of the contract, he shall pay two times the amount received as the down payment, and if the buyer has entered into the contract, the down payment shall be null and void, and the contract shall be deposited in the account of the seller (Article 7) and shall take effect simultaneously with the deposit of the down payment in the account of the seller (Article 7).
B. On December 24, 2014, the Defendant sold the instant real estate to G, and completed the registration of ownership transfer on January 26, 2015.
C. On January 5, 2017, the Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) with the Ulsan District Court 2016Da14844 as to the sum of the down payment and penalty to be paid by the Defendant pursuant to the rescission of the instant sales contract (it appears that it would have been erroneous in the amount of KRW 26,40,000) pursuant to the Ulsan District Court 2016Da1484 as to the claim attachment and collection order (hereinafter “instant claim attachment and collection order”).