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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. From July 17, 2014, Vienti Co., Ltd. (hereinafter “ Vienti”) received the payment of the purchase price in 2014 Gohap53160 (Counterclaim), including the cancellation of ownership transfer registration, from the Seoul Central District Court Decision 2013 Gohap43289 (Main claim), “ELS v. ELS. Co., Ltd. shall pay 3 billion won from Vienti to the date of full payment of the purchase price at the rate of 5% per annum from October 11, 2011 to the date of full payment, and at the same time receive 41,938.5 square meters of land for factory in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant land for factory”) with respect to the share of 2,002/25,398 square meters of land in Incheon District Court Decision 6289 on September 15, 2011.”
B. From the Vienna on June 22, 2015, the Defendant purchased “3,306 square meters of the land in the instant case’s factory site” in the amount of KRW 5 billion. On June 23, 2015, the Defendant agreed to pay the down payment of KRW 200 million on the date of the contract, and KRW 300 million on the date of dividing the instant factory site into KRW 1/2, and to pay the remainder of KRW 4.5 billion immediately after dividing the land.
C. On July 1, 2015, the Defendant issued and delivered the power of attorney (around 1, 200 square meters in relation to sale of approximately 1,00 square meters (referring to 3,306 square meters in the above sectional area; hereinafter “instant sectional area”) among the land for the instant land purchased from non-NT, and to delegate all matters regarding the receipt of the purchase price and the construction division).
On March 16, 2016, the Plaintiff entered into a sales contract (hereinafter referred to as “instant sales contract”) with respect to approximately 103 square meters and its ground buildings (hereinafter referred to as “objects of this case”) among the instant divided areas by setting the price of KRW 660 million, and purchased the same (hereinafter referred to as “instant sales contract”). On March 25, 2016, the Plaintiff entered into the first down payment of KRW 20 million on the date of the contract, KRW 36 million among the second down payments on March 25, 2016, and April 4, 2016.