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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Facts of recognition
On June 3, 2016, the Plaintiff drafted a sales agreement with E and F to purchase the purchase price of KRW 1.575 million (the down payment KRW 150 million and the remainder) from E and 1.55 million (hereinafter “the first sales agreement”). The Plaintiff transferred the down payment KRW 150 million on the same day to E. The Plaintiff transferred the down payment KRW 150 million on the same day to E.
Defendant D drafted a sales contract from E and F on September 26, 2016 to purchase the instant land as KRW 1.575 million (a down payment of KRW 1550 million, and the remainder) (hereinafter “instant sales contract”). The original contract attached to the said sales contract is terminated as of September 26, 2016 at the Plaintiff’s request.
The phrase "the succession to Defendant D" is written and the seal impression of Defendant D Co., Ltd. is affixed.
Defendant D paid only the remainder without paying the down payment to the seller, and on July 5, 2017, the ownership in the name of Defendant D Co., Ltd. was changed on August 29, 2017 due to sale and purchase on the instant land.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, Eul evidence Nos. 2 and 4 through 7, and the plaintiff's assertion as to the purport of the whole pleadings as to the parties concerned: (i) around May 2016, the plaintiff lent KRW 150 million to the defendant B and C; (ii) written a sales contract in lieu of a loan certificate in the name of the plaintiff; and (iii) the defendant corporation concurrently acquired the above loan obligations.
② Defendant D Co., Ltd. paid only the remainder without paying the down payment, and acquired profits equivalent to KRW 150 million from the down payment without any legal cause. Accordingly, the Plaintiff incurred damages equivalent to KRW 150 million from the down payment that the Plaintiff paid to the seller.
Defendant B and C’s assertion by the Defendants are the Plaintiff.