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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
A. On April 12, 191, the Plaintiff, including the conclusion of the instant sales contract, entered into a sales contract with D to purchase KRW 43,000,00 (the contract amounting to KRW 7,000,000 for intermediate payment, KRW 16,000 for intermediate payment, KRW 20,000 for remainder payment, and KRW 20,000 for the remainder (hereinafter “instant sales contract”).
The Plaintiff and D stipulated that “D shall refund KRW 43,00,000,000 in the event that it is impossible for D to transfer the instant permit under the Plaintiff’s name” as the special terms of the instant sales contract.
The Plaintiff paid D KRW 43,000,000 according to the instant sales contract.
The instant right to interest was extinguished upon the expiration of the period on July 1, 1996.
B. On May 10, 1995, the Plaintiff and D, including the transfer of ownership to the instant land, completed the registration of ownership transfer with respect to each share of 1,511 out of the instant land.
D A. On November 11, 2006, the Defendant, the spouse of D, completed the registration of ownership transfer on April 5, 2007 as to D’s shares (1,511 shares) among the instant land due to an inheritance by consultation or division.
C. On July 9, 1998, the Plaintiff and D drafted a written agreement (hereinafter “instant written agreement”) with the following content.
Article 1. Reagreements as referred to in Article 2, due to changes in the conditions of the contract for the transfer of rights between D and the Plaintiff on April 12, 1991.
Article 2 The plaintiff does not claim D for the refund of KRW 43,00,000 paid to D at the time of the contract for the purchase and sale of interest coupons.
Article 3 Section D shall cooperate in all procedures for application for building permission, completion inspection and preservation registration in accordance with Article 3 of the instant sales contract, where the Plaintiff constructs a building in one thousand five hundred thousand square meters or another place designated by the Plaintiff among the instant land, and the registration of ownership transfer is complete without any condition to the Plaintiff or the Plaintiff’s designated person.