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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
- On July 5, 2017, the Defendant: (a) concluded a sales contract with the purport that the Plaintiff would sell KRW 1,116,580,000 square meters of a plot of land A (hereinafter “E”) for KRW 315 square meters of a plot of land B (hereinafter “Plaintiff-purchase”) to the Plaintiff, by dividing the plot of land A into KRW 1,045,710,000, and KRW 315 square meters of a plot of land into KRW 1,045,710,00,000, and KRW 380 square meters of a plot of land D with KRW 1,16,580,000, and KRW 380 of a plot of land to F (hereinafter “instant sales contract”).
- Paragraph 4 of the special terms and conditions of the instant sales contract, the Defendant, after paying the down payment, approved the buyer’s land division and the process necessary for applying for a building permit by lot, including the Plaintiff, and actively cooperates in making it possible to develop the contract immediately after
- On July 5, 2017, the Plaintiff paid the Defendant a down payment of KRW 100,000,000 according to the instant sales contract.
[Ground of recognition] The Plaintiff’s claim for the Plaintiff was canceled by agreement with the Defendant at the office of G, which arranged the instant sales contract on September 8, 2017, without dispute, written evidence Nos. 2 and 3, and the purport of the entire argument.
Therefore, the defendant is obligated to refund to the plaintiff the down payment of KRW 100,000,000 and damages for delay paid to the plaintiff.
In the event that the Plaintiff and the Defendant entered into the instant sales contract due to the Defendant’s nonperformance of obligation, and agreed to divide the instant two parcels into the Plaintiff’s name and obtain a building permit, the Defendant unilaterally refused it and divided the instant two parcels under the Defendant’s name and obtained a building permit. The Plaintiff is unable to file for the registration of ownership transfer with respect to the land purchased in the Plaintiff’s name due to the error in the indication of the party to the instant sales contract.