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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Under the underlying facts, 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 Nos. 1 to 7, Eul evidence No. 2 and 3.
(1) The defendant is a person who has worked as a business employee of D Co., Ltd. (hereinafter referred to as “D”) that is engaged in real estate development and sale business.
(2) The Plaintiff is a person who entered into a contract to purchase land from D with the Defendant's introduction and solicitation as the Defendant's high school.
B. On March 8, 2011, the Plaintiff entered into a sales contract of this case and D’s nonperformance (1) with D to purchase KRW 330.58 square meters (100 square meters) out of the land located in Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant sales contract”) and paid KRW 77,695,000 in total as the sales price until March 14, 201.
(2) However, D, on January 7, 201, intended to purchase 8,926 square meters of the above land from the same clan, but failed to fully pay the purchase price until April 7, 201, which is the remainder payment date.
Accordingly, D could not perform the obligation to transfer ownership under the instant sales contract to the Plaintiff.
C. (1) After the conclusion of the instant sales contract, the Plaintiff demanded the Defendant to prepare a letter of commitment that he would be responsible for the transfer of land ownership from D.
(2) Accordingly, on November 25, 2011, the Defendant concluded 100 land as of March 8, 201 with the Plaintiff, “I think that the registration has been delayed until now (the president, the senior director, and the regular director due to the corporate circumstances) is being conducted at the Economic Team of the Gangnam Police Station and the Public Prosecutor’s Office, which is currently being investigated by the President, the Seoul Southern Police Station and the Public Prosecutor’s Office, and that I will take all responsibility for the principal and conclude the registration until March 31, 2012.”