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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 January 13, 2015, the Defendant: (a) as the owner of the building built of reinforced concrete building (hereinafter collectively referred to as “instant real estate”; and (b) as the owner of the instant real estate, the name of D Child Care Center (hereinafter referred to as “E Child Care Center”) was changed from the instant real estate to “D Child Care Center” (hereinafter referred to as “instant Child Care Center”); and (c) entered into a contract on the transfer of real estate sales and operating rights to transfer the entire operating rights of the instant real estate and the instant Child Care Center to the Plaintiff for KRW 70 million. The Plaintiff and the Defendant divided the sales proceeds of the instant real estate into KRW 70 million, and KRW 70 million, KRW 770 million, KRW 700,000, KRW 700, KRW 7000, KRW 700,000, KRW 700, KRW 13, 2015.
(hereinafter referred to as "the instant contract"). B.
According to the instant contract, the Plaintiff paid each of the Defendant the down payment of KRW 50 million on January 13, 2015, and the intermediate payment of KRW 350 million on January 28, 2015, and the Defendant completed the registration of transfer of ownership with respect to the instant real estate to the Plaintiff simultaneously with the receipt of intermediate payments.
Meanwhile, according to the instant contract, the Plaintiff paid the remainder of KRW 370 million to the representative after changing the name of the representative, and the notarial deed was made to be drawn up. However, on January 28, 2015, the date of the payment of intermediate payment, the Plaintiff and the Defendant made a verbal agreement to pay KRW 750 million for the total acquisition price under the instant contract. Accordingly, on the same day, the Plaintiff issued a promissory note with the Defendant on February 28, 2015, whose payment date was 350 million for the remainder of KRW 350 million, and a notarial deed as to this promissory note was made by commissioning the Defendant with the preparation of a notarial deed as to this promissory note.
The plaintiff shall pay the balance.