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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. A. On May 27, 2014, C entered into a contract with the Defendant and Gwangju-si, the Defendant-owned, to purchase KRW 74,600 square meters of forest land D 74,600 square meters (hereinafter “instant forest”) in price of KRW 5 billion, and agreed to pay the down payment of KRW 300 million on the same day, the intermediate payment of KRW 2.7 billion in the intermediate payment of KRW 2.7 billion on the same day, and the intermediate payment of KRW 1.7 billion in the intermediate payment of KRW 2.7 billion on the July 25, 2014, respectively, on September 26, 2014, and the balance of KRW 2 billion in the payment of KRW 1 billion on December 19, 2014.
B. Meanwhile, during the period from April 2014 to May 2014 at the same time, C was unable to create “E” on the instant forest land, such as that he/she was not in a bad credit holder and was unable to properly purchase the instant forest land as he/she was not in possession of his/her own capital, but was unable to do so. However, during the period from April 2014 to May 10, 2014, C concluded a contract with the Plaintiff, a professor of the National University Art University, to sell the instant forest land to E. The Plaintiff, who was a professor of the National University, to purchase approximately 1,500 of approximately 22,60 of the instant forest land. The author purchased approximately 1,500 of the approximately 22,600 of the instant forest land, which was agreed to sell the land as it is, and the author would sell the land at KRW 400,000,000,000,000 among the instant forest land.”
C. As such, around May 27, 2014, C entered into a sales contract for the instant forest and the sales contract for part of the said forest, respectively, with the Plaintiff and both sides, and around May 27, 2014, paid the down payment pursuant to the instant forest and land sales contract by having the Plaintiff transfer KRW 300 million out of KRW 600 million to a new bank account under the name of the Defendant, the seller of the instant forest, as the down payment and intermediate payment.
However, after July 25, 2014, C did not pay the first intermediate payment of KRW 1.7 billion, the above sales contract was terminated around October 2014, and in the process, the defendant is liable for damages due to C's default.