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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Since January 2003, the ownership relationship of each land listed in the separate sheet was around January 2003, the land listed in Paragraph 1 of the separate sheet was the land for which C and D own 1/2 shares, and the land listed in paragraphs 2 through 5 of the separate sheet was the land owned by C alone.
B. The Defendant acquired ownership of each land listed in the Defendant’s separate sheet (i.e., ownership transfer) from C; (ii) from C, on May 2, 2003, as to C’s 1/2 shares of the land listed in [Attachment List No. 1] and the land listed in [Attachment List No. 2 and 5]; and (iii) on May 26, 2003, each registration of ownership transfer was completed.
Luxembourg The Defendant received the registration of ownership transfer from D on August 3, 2004 with respect to 1/2 shares of the land listed in Section 1 of the attached Table No. 1.
【Ground of recognition】 Evidence No. 4, Evidence No. 2-3, Evidence No. 4-1, 4, and 5, and the purport of the whole pleadings
2. The parties' assertion
A. On January 9, 2003, the Plaintiff purchased all of the land listed in the separate sheet (hereinafter “each of the instant land”) including 1/2 shares of D-1/2 of the land listed in the separate sheet No. 1 from C, and on the same day, sold 650 square meters out of the land listed in the separate sheet No. 1, 2, and 5 to the Defendant for KRW 650,000,000, out of the land listed in the separate sheet No. 1, 2, and 650 square meters, and thereafter, the Defendant purchased additional 32 square meters from the Plaintiff and additionally paid KRW 32,00,000 from the purchase price.
Since then, the Plaintiff and the Defendant agreed to change the subject matter of sale from the Plaintiff to purchase the entire land of this case, and to pay the purchase price of KRW 382,80,000 to the Plaintiff additionally.
However, the Defendant paid only KRW 775,310,00 among KRW 1,064,80,000 (=650,000,000 KRW 32,000,000) to the Plaintiff, and did not pay the remainder of KRW 289,490,800 (=1,064,800,000 - KRW 775,310,000). Thus, the Defendant did not pay to the Plaintiff.