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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence 1-1, 2, 2-5, 2-1, 2-2 and 2.
On May 30, 2012, the Plaintiff entered into a sales contract with the Defendant for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of KRW 54,00,00, and KRW 5,400,000 among the down payment, KRW 24,60,000 on May 30, 2012, the intermediate payment of KRW 24,60,000 was paid on July 2, 2012, and the remainder of KRW 24,00,000 was paid on July 30, 2012 (hereinafter “instant sales”).
B. The Plaintiff received approximately KRW 29,600,000 from the Defendant as a down payment and an intermediate payment, and then delivered the instant real estate to the Defendant and delivered documents necessary for the registration for the transfer of ownership. However, upon the Defendant’s request, the Plaintiff drafted a sales contract to pay KRW 54,00,000 for the instant real estate again with the Defendant on October 11, 2012 (hereinafter “sales contract”).
C. On October 15, 2012, the Defendant completed the registration of transfer of ownership stated in the purport of the claim regarding the instant real estate (hereinafter “instant registration of transfer of ownership”). The Plaintiff’s father C, his father prior to the instant registration of transfer of ownership, on September 14, 2012, hereinafter “the instant provisional disposition”).
A) On the same day, the registration of the entry was completed. Accordingly, the Defendant did not pay the remainder of the purchase price to the Plaintiff, and filed a complaint against the Plaintiff as a crime of fraud, but the Plaintiff was not suspected of having been prosecuted on April 30, 2014 (which received a disposition of non-prosecution due to lack of evidence).
2. The parties' assertion
A. The Defendant asserted that the Plaintiff did not pay the remainder of the purchase price of this case to the Plaintiff and filed a complaint against the Plaintiff for fraud and the remainder.