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1. The part concerning the claim for cancellation of contract among the lawsuit in this case shall be dismissed.
2. The defendant shall enter the plaintiff in attached list 21.
Reasons
1. Basic facts
A. The pertinent Plaintiff, as the only in-house director, is a corporation for the purpose of real estate development, etc., operates the Plaintiff as the representative.
The defendant is a corporation with the purpose of growing boom trees, and F, the father of the representative E, actually operates the defendant.
B. Around November, 2013, the Plaintiff and the Defendant entered into a sales contract with F, a doctoral doctor in language (English) to establish a foreign language university in Jeju-do with a real estate agent G (hereinafter “instant real estate”) to purchase each of the real estate listed in the separate sheet owned by D and the Plaintiff (hereinafter “instant real estate”), divisibles, art works, etc. at KRW 12 billion, as a whole, as a result of the brokerage of real estate agents G, around November, 2013.
(B) Accordingly, F paid to D the down payment of KRW 40 million in total, KRW 130 million in the intermediate payment, and KRW 90 million in the intermediate payment. However, F would not be able to pay the remainder of intermediate payment and remainder without selling any real estate which it intended to dispose of to secure the purchase price, and accordingly, F would not be able to purchase at present. Accordingly, F would waive the down payment of KRW 40 million in the intermediate payment to D on January 13, 2014. Accordingly, F would be able to give up the down payment of KRW 40 million in the intermediate payment as soon as possible. Accordingly, F sent to D the mail stating that “I will audit the down payment of KRW 90 million in the intermediate payment.” 2) D concluded the instant sales contract with H on December 4, 2014, and received KRW 300 million in the down payment and KRW 300 million in the instant real estate (hereinafter “HJ”).
(B) The Plaintiff, at the time of leasing the art gallery of the instant real estate and being paid KRW 270 million under the name of the lease deposit, etc., and personally borrowed KRW 50 million from a third party and paid the down payment of KRW 320 million to K (hereinafter “K”).