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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 2, 2010, the Plaintiff agreed to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with C, and entered into a real estate sales contract with D, a proxy of the Defendant, to purchase each of the instant real estate owned by the Defendant for a price of KRW 400 million, and the contract deposit amount of KRW 40 million was agreed to pay KRW 20 million on the date of the contract, the intermediate payment of KRW 20 million on April 15, 2010, and the remainder of KRW 160 million on August 30, 2010. Accordingly, the Plaintiff paid KRW 40 million down payment to the Defendant.
B. On June 11, 2010, the Defendant sent a certificate to the effect that the sales contract was rescinded on the ground that the Plaintiff did not pay the intermediate payment to the Plaintiff, and the date of the intermediate payment was postponed on May 30, 2010, but the intermediate payment was unpaid.
C. On December 3, 2010, the Plaintiff and the Defendant’s agent purchased KRW 500,000,000 from the instant real estate at KRW 200,000,000,000,000,000,000,000,000 on the date of the contract, and the remaining 180,000,000,000,000,000 was separately prepared, and a sales contract was formulated to the same effect as C and the Defendant’s agent D on the same day.
The Plaintiff paid each of the above purchase price to the Defendant KRW 4.9 million on December 30, 2010, and KRW 10 million on February 16, 201.
E. On July 1, 2011, the Defendant sent to the Plaintiff a certificate of the content that the said sales contract was terminated on the grounds that part of the down payment and the remainder are unpaid according to the sales contract concluded on December 30, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion: (a) the sales contract as of December 3, 2010, around the Plaintiff, is an amendment to the sales contract as of March 2, 2010; and (b) the sales contract as of December 3, 2010, at the request of the Defendant to make a multilateral contract, the Plaintiff expressed its intent of rescission.