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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. On October 21, 2013, the Plaintiff, who was the owner of a factory building indicated in the attached Table of the Gangseo-gu Busan Metropolitan Government Factory Site C 2,816С and its ground (hereinafter referred to as “instant real estate” as the combination of factory sites and factory buildings), was operating D, “D” on October 21, 2013, determined the lease period of KRW 12 million per rent month (excluding value-added tax), and the lease period of KRW 30,00,000 as of August 30, 2016, and the lease contract was renewed as of September 1, 2016 by changing the lease deposit amount of KRW 10,000,000 (excluding value-added tax), monthly rent of KRW 10,000 (excluding value-added tax), and the lease period of KRW 10,000,000 from August 30, 2019.
B. On March 6, 2017, the Plaintiff concluded a contract to sell the instant real estate to E with the purchase price of KRW 2.65 million (hereinafter “previous sales contract”), and agreed that the remainder KRW 50 million shall be paid on April 28, 2017 at the time of the contract, and the intermediate payment shall be KRW 200 million, but the time for payment was fixed; however, the Plaintiff agreed to receive from the present lessee the leased part of the instant real estate by June 30, 2017.
C. On February 7, 2017, the Plaintiff received KRW 50 million from E, and KRW 200 million on March 6, 2017, respectively. On March 6, 2017, the Plaintiff paid KRW 50 million, out of the money received from E under the name of director, to the Defendant on March 6, 2017.
On May 25, 2017, the Plaintiff entered into a contract to sell the instant real estate in KRW 2.6 billion to the Defendant (hereinafter “instant contract”) and agreed to pay the remainder KRW 2.4 billion to the Defendant on July 21, 2017 at the time of the contract, respectively, at the time of the contract. The Plaintiff paid KRW 200 million to the seller as the provisional contract amount on March 6, 2017 under the instant contract.
The phrase "" was explicitly stated.
E. On July 19, 2017, the Plaintiff received any balance of 2.4 billion won from the Defendant and completed the registration of ownership transfer on the instant real estate under the name of the Defendant on the same day.