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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. According to the Defendant’s application for the purchase of apartments by using the subscription passbook in the name of the Defendant, the Defendant was awarded the winning in the number of buyers of D main apartment 104 Dong 5902 (hereinafter “instant apartment”).
B. E Co., Ltd., a selling company (hereinafter “E”), concluded a sales contract for the instant apartment in the amount of KRW 1,410,000,000 with the Defendant, a buyer who won winning on June 20, 207, for the instant apartment (hereinafter “instant sales contract”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), witness C's testimony, purport of whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion is that the Defendant would not pay the down payment out of the sale price of this case, and the Defendant would be cancelled, and the Plaintiff would promptly transfer the right to purchase the apartment of this case and pay the loan on the face of a week by lending the money equivalent to the first down payment under the sales contract of this case. The Plaintiff, through F on June 20, 207, lent KRW 141,000,000 among the sale price of this case, to the Defendant through F on the security of the document securing the right to purchase the right to purchase the apartment of this case.
In addition, the plaintiff was unable to pay the second down payment under the sales contract of this case through F, and the plaintiff was given a loan to the defendant by directly remitting 143,872,536 won in total to E's account, which is a sales company.
However, the Defendant failed to pay the part payment even if the purchase right of the instant apartment was not transferred to a third party. Ultimately, the Defendant received the final notification from E on November 16, 2010 of the scheduled cancellation of the sale contract, and the Plaintiff could receive a refund of KRW 154,153,273, the remainder of the sale price paid by E, excluding penalty, out of the sale price paid directly by the Plaintiff.