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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 April 1, 2013, the Plaintiff entered into a contract with a limited liability company C (hereinafter “C”) to sell each parcel of land listed in the separate sheet (hereinafter “instant land”) for KRW 1.25 million. The said contract: (a) the down payment per contract date is KRW 50 million; (b) the intermediate payment is KRW 50 million on April 5, 2013; and (c) the remainder of KRW 1.155 million on May 20, 2013; and (d) the seller is obliged to actively cooperate with the seller, while granting a building permit and license and construction work under the name of the seller.
B. On April 5, 2013, a sales contract which changes the payment date of remainder between the Plaintiff and the Defendant to June 30, 2013 was re-established. The said contract added a provision allowing the buyer or the person entitled to registration to change at the buyer’s request.
C In formulating the sales contract dated April 5, 2013, the said parties concluded an agreement with the Plaintiff stating that “The balance of the purchase price shall be settled with a loan and the date thereof shall be April 30, 2013, and KRW 100 million shall be paid to the Plaintiff upon the said date, and the final balance of the purchase price shall be paid by May 20, 2013.”
C. C paid to the Plaintiff the down payment of KRW 50 million per contract date, and KRW 50 million as the intermediate payment on April 5, 2013, and additionally paid KRW 20 million on May 16, 2013, KRW 30 million on May 31, 2013, and KRW 10 million on July 2, 2013.
Meanwhile, concluding a sales contract on the instant land on behalf of C was the husband of C’s representative director D, and E agreed to change the purchaser of the instant land from C to the Defendant on July 2013 while undergoing procedures to obtain factory construction on the instant land.
E. In the process of filing an application for a loan to pay any balance under a sales contract with a new bank as collateral on the instant land around July 2013, E shall be the Plaintiff and the purchaser as the Defendant, and the date of preparation shall be KRW 1.8 billion, and the down payment shall be KRW 200 million.