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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. The Plaintiff’s purchase of the right to sell lots 1) As the land and buildings owned by Nonparty C are incorporated into a redevelopment project promoted by the SH and demolished, the SH Corporation shall have the right to sell at 33 square meters of urban development in the E district apartment land (hereinafter “instant E-sale right”).
(2) On September 14, 2002, C entered into a contract with the Plaintiff to sell KRW 30,000,000 of the instant E E (hereinafter “C”) and issued documents requested by the Plaintiff, such as the certificate of personal seal impression of C.
3) Around May 2003, C issued a certificate of personal seal impression and related documents to the Plaintiff at the Plaintiff’s request. B. On October 7, 2002, the Plaintiff and the Defendant entered into a sales contract with the Plaintiff on the condition that the Plaintiff would be exchanged with the right to move-in of the E-area apartment in the E-area with KRW 64,00,000,00 if the right to move-in in the E-area 333 square meters is not altered.
The Defendant paid to the Plaintiff KRW 5,00,000 on the day of the above contract, and KRW 59,000,000 on October 17, 2002, and paid all the purchase price to the Plaintiff.
2) The actual supply by SH after the removal of the instant “F” was made by the G District 25 square meters of apartment sales right (hereinafter “instant G sales right”).
The Plaintiff and the Defendant exchanged the Plaintiff’s right to sell the instant E and the Defendant’s right to sell the instant G G on February 28, 2003 (hereinafter “instant exchange contract”) (hereinafter “instant exchange contract”).
(C) On October 8, 2007, the Defendant’s wife H entered into a sales contract with G 410-dong 402 apartment units (hereinafter “instant apartment units”) from SH Corporation for KRW 142,94,00,00 based on the instant right to sell G apartment units (hereinafter “instant apartment units”).
2 C on August 17, 2010, the E-sale right of this case.