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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On April 5, 2017, the Plaintiff entered into a contract with the Defendant on the recommendation of the Plaintiff, under which the Plaintiff entered into the sales contract for KRW 103,000,000 of the purchase price for KRW 3/7 shares of KRW 2,097 square meters (hereinafter “instant land”).
On the other hand, C entered into a contract with the Defendant on the same day to sell 2/7 shares of 2,097m2 in Seo-gu, Seo-gu, Seo-gu, Seo-gu and Seo-gu E and its ground buildings for KRW 147,00,000 in purchase price.
B. On April 14, 2017, the Defendant paid KRW 250,000,000 in total with the purchase price of each of the real estate purchased as stated in the foregoing A, including KRW 103,00,000,000, to the Plaintiff, who is the Plaintiff, and on the same day, the Plaintiff completed the registration for the transfer of ownership of the instant land to the Defendant.
(c)
First, on September 1, 2017, the Plaintiff filed a lawsuit against the Plaintiff for damages under the Cheongju District Court 2017 Ghana 109489 (the withdrawal of the lawsuit was completed on September 12, 2018), and on October 20, 2017, the Plaintiff provisionally seized KRW 98,779,568 out of the purchase price claim against the Defendant under the instant sales contract with the Plaintiff as the claim claim, and on November 20, 2017, on November 8, 2017, the Defendant sent a document verifying the content that “the Plaintiff shall pay KRW 130 million to the Plaintiff the purchase price of the instant land, and if not, it would file a lawsuit for damages.”
(d)
Around April 2018, in relation to the certification of the content of F from the Defendant, the following documents were prepared: “C” with the content that “A shall find the Plaintiff and confirm that the Plaintiff has received the right to receive the purchase price,” and “C” with the content that “C shall receive the right to receive the purchase price,” respectively (hereinafter “each of the above documents”). However, each date of preparation shall be “each of the instant documents for delegation” on April 2017.