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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 8, 2009, the Defendant determined the sales price of KRW 1,170,000 as to the Plaintiff and Jung-gu, Incheon as well as KRW 644 square meters prior to D, KRW 645 square meters prior to E, KRW 644 square meters prior to F, and KRW 644 square meters prior to F, and KRW 444 square meters (the above land was combined with KRW 2,577 prior to Jung-gu, Incheon as of October 14, 2009; hereinafter the same shall be combined with all of them; KRW 117,00,000 as of KRW 117,00,000 on the date of the contract; KRW 20,000 as of KRW 0,000 on the remaining date; KRW 20,000 on October 22, 2009; KRW 20,000,000 on the sales contract for forest land; KRW 20,000 (hereinafter referred to as “instant”).
The Defendant received the down payment, respectively, from the Plaintiff on the same day.
B. On October 28, 2009, the Defendant issued a receipt to the Plaintiff that the Plaintiff received KRW 1,053,000,000 in total from the intermediate payment and the remainder under the instant sales contract. On October 29, 2009, the Defendant completed the registration of ownership transfer for the Plaintiff’s land No. 1.
C. On the other hand, around October 2009, the Plaintiff paid KRW 130,743,949 in total, including the building permit license tax, national housing bond, development permit tax, regional development bond, performance guarantee bond, insurance premium, license tax for farmland diversion, farmland conservation charges, and national property usage fee imposed in the name of the Defendant’s wife as to the building to be constructed on each of the instant lands through the J of the architect office employees.
The defendant, on December 28, 2009, did not receive any balance under the second sale contract of this case, completed the registration of ownership transfer for the land of this case to the plaintiff, and the plaintiff completed the registration of ownership transfer for the land of this case to the defendant on the same day.