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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. From around 2003, Young-si Co., Ltd. (hereinafter “Yung-gu Development”) started to implement a new apartment construction and sales project (hereinafter “instant project”) with approximately KRW 22,000 of 162 parcel of land, the old and Seo-si, Seoul, and approximately KRW 162,00 as the project site, and the Korea Development Co., Ltd. (hereinafter “K-si Development”) selected the Korea Development Co., Ltd. as the contractor of the instant project.
B. On March 19, 2004, he/she entered into a provisional contract with the Defendant on the condition that he/she shall purchase the purchase price of KRW 48,444,00,000,000,000,000 from the Defendant, which is KRW 43.31,000,000,000 (hereinafter “each of the instant real property”) of the Seocho-si, Seoul Special Metropolitan City, the Defendant owned, and that if he/she pays the down payment of KRW 48,00,000,000 as a lump sum within seven days after the contract was entered into for the entire site of the project, he/she shall substitute the provisional contract, and the remainder of KRW 436,440,00,00,000,000, which shall be deducted from the seller’s service fee of KRW 11,000,000,000,000 from the down payment five to six
C. On March 10, 2005, in accordance with the instant sales price contract, the Young-gu Development paid the Defendant the down payment of KRW 48 million. On May 11, 2005, the Defendant deposited the down payment of KRW 48 million with the Seoul Central District Court No. 8557, which was the depositee for Young-gu development on the grounds of the cancellation of the instant sales price contract.
On August 25, 2008, the Defendant and Young-gu Development drafted a real estate sales contract rescission agreement (hereinafter “instant rescission”) with the content that “the instant sales contract concluded on March 19, 2004 without objection” was rescinded as of August 14, 2008.
E. On August 25, 2008, the Military Service Development was a case of the absence and withdrawal of the intention of cancellation, which was expressed by the certificate of content sent to the Defendant on July 31, 2008.