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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 6, 2007, the Plaintiff: (a) purchased each real estate (hereinafter “instant real estate”) listed in the separate sheet from the Defendant (former name: the school juristic person’s current title) in the separate sheet (hereinafter “each of the instant real estate”; (b) KRW 6.5 billion on the date of the contract; and (c) paid the down payment amount of KRW 1 billion on May 30, 2007 to the Defendant (hereinafter “instant sales contract”); and (d) on the same day, paid KRW 1 billion to the Defendant on the same day.
However, if the content of the instant sales contract is specifically examined, on March 6, 2007, the sales contract (Evidence 1) was prepared with respect to the instant real estate with the purchaser, the Plaintiff, the purchase price of KRW 6.2 billion (the down payment of KRW 950 million on March 6, 2007, and the remainder of KRW 5.25 billion on May 30, 2007, and the remainder of KRW 5.25 million on May 30, 2007). With respect to the instant two real estate, the sales contract was prepared as follows: (a) on April 11, 2007, the purchaser C (the representative director of the Plaintiff), the purchase price of KRW 30 million (the down payment of KRW 50 million on April 11, 2007, KRW 250 million on May 30, 2007, and KRW 40 million on May 30, 2007).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 11, Eul evidence 1 and 4, the purport of the whole pleadings
2. The Plaintiff asserted that the remaining payment date of the instant sales contract was postponed by the agreement between the parties until the end of December, 2014, and thus, the Plaintiff sought payment of the remainder from the Plaintiff and sought the Defendant to implement the registration procedure for ownership transfer of each of the instant real estate at the same time. On the other hand, the Defendant asserted that the instant sales contract was already rescinded, and that the Plaintiff was not obligated to perform the registration procedure for ownership transfer of each of the instant real estate.
3. The remaining payment date of the instant sales contract by the testimony of the witness D alone, as stated in the evidence Nos. 19 through 21 and the witness D, until the end of December 2014 by agreement between the Parties.