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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 6, 2016, the Plaintiff concluded a sales contract to purchase KRW 1,300,000 (payment on the date of the contract deposit of KRW 130,000,000 (payment on the date of the contract deposit of KRW 130,000,000) with the Defendant, the spouse of the deceased C (hereinafter “the deceased”) for purchase of KRW 1,30,000 (payment on December 30, 2016) (hereinafter “instant sales contract”). In concluding the sales contract of this case, the Plaintiff agreed to reimburse a double amount of the down payment if the Defendant violated the contract, and to not claim a return of the down payment if the Plaintiff violated the contract, and to make a special agreement as follows.
(hereinafter “Matters indicated in the instant special agreement”). 1. The owner on the registry of the instant land is the deceased, and the Defendant obtained permission to engage in the development activities upon the death of the deceased and completed the registration to the buyer.
2. A seller shall decide to proceed immediately with the contract and to commence the authorization and permission immediately after the registration of succession is completed, and the period required for succession shall be offset against the balance period; and
(b)
5. All the expenses required for the authorization and permission of the land of this case shall be borne by the buyer, and the seller shall provide all the necessary documents at the same time as the down payment is received.
6. The balance date of the instant land is 45 days after obtaining permission for development activities.
(b)
9.The developer and the seller shall consent to the completion of authorization and permission as joint development projects and shall keep the necessary documents.
B. On September 6, 2016, the Plaintiff paid the Defendant the down payment of KRW 130,000,000 according to the instant sales contract.
C. The instant land was registered as owned by the Deceased, but the registration of ownership transfer was completed on September 13, 2016 due to inheritance due to consultation and division on September 13, 2016, and on October 13, 2016, the ownership of the said Defendant’s name was owned by the Defendant, E, F, and F.