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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. The Plaintiff Company was a company established for the purpose of real estate development and sale. On May 28, 2008, the Plaintiff Company: (a) sold the land at the auction on May 28, 2008, on the condition that the said land is cancelled from the land transaction permission zone; (b) sold the land to investors on the condition that the said land is cancelled.
(2) Around 2009, F, the Defendant’s wife, served as the head of the Plaintiff Company, had seven to eight employees, and sold the said land to investors.
B. (1) On June 5, 2009, a sales contract with the Plaintiff Company and the Defendant on the instant land, with regard to KRW 660,000,000 (200) out of the instant land, was prepared (hereinafter “instant sales contract”). On June 30, 2009, the Plaintiff Company prepared and issued a receipt to the Defendant on June 30, 200 that it received KRW 69,00,000 as the purchase price for the instant land (hereinafter “the instant receipt”).
(2) On May 28, 2009, a sales contract with respect to 330 square meters (100 square meters) out of the instant land was prepared on May 28, 2009 between the Plaintiff Company and G (hereinafter “instant sales contract”). G on August 5, 2009, borrowed 12.7 million won as the remainder at the time of the instant contract to F on August 5, 2009, the Plaintiff Company promised to repay 10% interest and the amount borrowed from June 28 to August 28, 2009, and transferred all ownership rights to F in the event of nonperformance (hereinafter “instant agreement”). However, it failed to implement the agreement.
Accordingly, on August 26, 2009, F drafted a written agreement to pay KRW 6,360,000 to G in return for accepting the 100 square meters of the above land (hereinafter “instant agreement”).
(c) A loan for consumption, promissory note, etc. (1).