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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2, 2010, the Plaintiff, D, and deceased F entered into a partnership agreement with the purpose of promoting a real estate development project and investment project (hereinafter “instant project”), which aims to obtain profits from resale through a joint purchase of real estate, and D accordingly, concluded a sales contract with the purchaser’s name as “H 1,00,000,000 won from G, which is the former owner of Ulsan-gu E-gu, Ulsan-gu (hereinafter “instant land”), to purchase the instant land from KRW 400,000,000, with the purchase price of KRW 110,000,000 as the purchase price, and the third parties, including the Plaintiff, paid KRW 70,00,000 to G as the purchase price, and instead of paying a part of the purchase price, D acquired a loan of KRW 70,000,000 as to the instant land.
B. On November 5, 2010, D entered into a sales contract with the Defendant as a representative of G on November 5, 2010 to sell KRW 727.2 square meters (220 square meters) out of the instant land to the Defendant at KRW 350,00,000, without obtaining the transfer of ownership on the instant land.
(2) At the time, the Defendant, in lieu of paying a part of the purchase price, shall take over the obligation for the instant land amounting to KRW 70,000,000, and the ownership transfer registration was agreed to be completed on March 201 or April 201.
In addition, on April 21, 201, D entered into a sales contract of KRW 500,000,000 for the whole land of this case with the Defendant as a representative of G on April 21, 201. At the time, the Defendant, by May 6, 201, entered into a sales contract of KRW 150,000 for the remainder payment (the amount excluding KRW 350,000,000 for the sales contract as described in the above Paragraph (b)) and agreed to pay KRW 150,00,000 for the remainder payment by the payment date.
The defendant completed the registration of ownership transfer in the name of the defendant on May 3, 2011 for all of the instant land, but the remaining amount of KRW 150,000,000 shall be paid until May 6, 201.