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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 October 12, 2010, the Defendant’s representative C entered into a real estate sales contract with D and six other persons (hereinafter “D, etc.”) with the content that the Plaintiff would purchase KRW 4,800,000,000,000 for the land E in Busan Seo-gu, Busan (hereinafter “instant land for factory”); KRW 1,053.6m2; KRW 1,053m2; G land for factory; and KRW 1,650.1m2 and buildings on its ground; and the seller paid KRW 480,000 to D, etc. on the same day.
B. On May 2, 2011, the Plaintiff entered into a real estate sale contract with the Defendant to purchase the instant factory site and the factory to be newly built thereon in KRW 1,654,00,000 (hereinafter “instant sale contract”) and paid KRW 140,000 to the Defendant on the same day. The main contents of the said sale contract are as follows.
Article 2 (Transfer of Ownership) Any seller shall, upon receiving any balance of the purchase price, deliver all documents required for the registration of transfer of ownership, and deliver the said real estate to him.
Article 3 (Extinguishment of Restricted Rights, etc.) If there is any reason for restricting the exercise of ownership, such as mortgage, superficies, right of lease, etc., or the default of public charges or other charges established on the said real estate, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the
except in cases of rights and amounts agreed to succeed.
Article 6 (Cancellation of Contract) (2) The down payment shall be considered as the estimated amount of damages.
Article 7 (Procedures for Ownership and Sale of Real Estate) Sale of real estate shall be in the state that the defendant has entered into a purchase contract with the present landowner and is expected to proceed with division of land and construction works after the completion of the current tenant's awareness. Article 12 (Modification of Design) (1) Where the design is to be changed at the request of the buyer during construction works.