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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
(2) On December 8, 2016, D, H, and E confirmed that “The Defendant and the Plaintiff have an intention to purchase a premium of KRW 1 billion,” and subsequently, concluded a sales contract on the status of the right to purchase the instant purchase with the amount of KRW 1 billion plus the premium of KRW 80 billion.
F. On December 12, 2016, E arranged the contents agreed with H and D regarding the schedule of the contract and the amount of the down payment, etc., and sent the Plaintiff’s agent a text message (Evidence A 4; hereinafter “instant text message”) as follows. He made a verbal explanation to H with the same content, and H verbally delivered it to D.
N appears to refer to the land of this case.
Contract: 3: 384,00,000 won of down payment 3: 3:3:38,412,620 won of bank loans - 10,000 won on December 12, 2016 (Advance payment) - December 15, 2016 - on the remainder date of 364,00,000 won on December 15, 2016: January 18, 2017: 384,00,000 won for the payment of down payment for LH land * One time: 345,60,000 won: 38,412,620 won of bank loans : 307,187,380 won: 346,005,000 won, total amount of 10,000 won, 100,000 won;
G. On the other hand, around December 12, 2016, D sent H a document of sales contract on the instant land prepared between the Defendant and the Korea Land and Housing Corporation, etc. (Evidence 2-1) and a document of payment confirmation of land price paid by the Defendant to the Korea Land and Housing Corporation, etc. (Evidence 2-2) by the method of transmission of mobile phone text messages, and also notified the number of community credit cooperatives in the name of the Defendant.
H transmitted or informed to E the above photographs and the account number in the name of the Defendant, and the Plaintiff wired KRW 10 million to the Defendant’s account known through E, etc.
H. On December 13, 2016, the Defendant established a corporation to reduce the tax amount to the Plaintiff’s side through D and transferred the status of the buyer of this case to the corporation.