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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. On September 14, 2006, the Plaintiff purchased at KRW 11,00,00,000,000,000 from the Defendant for KRW 78 square meters, etc., but the Defendant cancelled the provisional disposition of the Republic of Korea (hereinafter “the provisional disposition of this case”), which was completed on September 30, 2009, and completed the registration procedure for transfer of ownership by cancelling the provisional disposition of the Republic of Korea (hereinafter “the provisional disposition of this case”). If the cancellation of the provisional disposition of this case is not possible, the sales contract of this case (hereinafter “the sales contract of this case”) was prepared to immediately return the full amount of the purchase price.
B. On the same day, two copies of the cashier’s checks issued by the Plaintiff and the Plaintiff’s wife (total KRW 90 million) were delivered to the Defendant, and D remitted KRW 10 million to the Defendant on September 16, 2006.
C. On September 23, 2006, the Plaintiff completed the provisional registration of the right to claim ownership transfer as to each of the instant land.
The Republic of Korea has decided to lose the defendant on May 13, 2010 to file a claim for the cancellation of the registration of ownership transfer of each of the instant land against the defendant, etc. [the Gwangju District Court Decision 2008Da14754, Gwangju District Court Decision 2009Na6399, Gwangju District Court Decision 2009Na7928 (Counterclaim), Supreme Court Decision 2010Da14056]. The registration of ownership transfer in the name of the defendant and the provisional registration of the plaintiff were revoked in accordance with the above judgment.
E. On February 27, 2014, the Plaintiff’s lawsuit seeking the return of the purchase price under the instant sales contract against the Defendant (Seoul District Court Decision 2011Da15696, Gwangju District Court Decision 2012Na8440, Supreme Court Decision 2013Da4364 Decided 201) was finalized as the Defendant’s losing on February 27, 2014, and the Defendant returned the purchase price of KRW 100 million under the instant sales contract to the Plaintiff according to the said judgment.
F. Since then, the Defendant filed a complaint with the Plaintiff as a litigation fraud, and the Plaintiff was indicted for a crime of fraud No. 2014 highest 2047 by the Gwangju District Court, and the Plaintiff paid KRW 100 million to the Defendant under the name of criminal agreement with H.