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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap evidence No. 9, Eul evidence No. 1 and the whole pleadings:
On April 9, 2012, the Defendant purchased the sale price of KRW 205,000,000 for F forest land in Gwangju Mine-gu and KRW 258 square meters for G site (hereinafter “instant sale contract”), and paid KRW 40,000,000 for E on the same day.
B. The Plaintiff acquired ownership on December 17, 2008 of the 2,000 square meters in Gwangju Mine-gu, Gwangju, by acquiring ownership on December 17, 2008, and acquired ownership on November 25, 2009 of the 507 square meters in the H prior to November 25, 2009. The above real estate was the need for the Defendant’s land of the F Forest in Gwangju Mine-gu, which the Defendant purchased from E in order
C. On April 6, 2012, the Plaintiff, knowing the fact that the Defendant entered into the instant sales contract with E, proposed that the Defendant exchange part of 2,00 square meters of farmland in Gwangju Mine-gu and part of 2,00 square meters of farmland in Gwangju Mine-gu that the Defendant intended to purchase from E, and subsequently, on April 9, 2012, the Plaintiff entered into the instant sales contract with the Defendant, with the following performance agreement:
(이하 ‘이 사건 약정’이라 한다). 《 이 행 약 정 서 》 ① 광주 광산구 F, C 꼭지점에서 분할하고 측량 비용은 B(피고)이 부담한다.
(2) A (Plaintiff) shall pay to B the down payment of KRW 5 million among the total amount of KRW 102,500,000.
(3) Doing approximately 150 square meters out of total 1,614, and selling and buying the remaining 1,464 square meters in installments.
(4) C 605 square meters shall be divided in consultation with each other.
(5) When violating the terms and conditions of the above agreement, civil and criminal liability shall be borne by the violator.
The Defendant paid all remainder of the purchase price to E on May 15, 2012, and received the transfer registration procedure for ownership based on the instant sales contract from E.
2. Judgment on the plaintiff's assertion
A. On April 9, 2012, the Plaintiff and the Defendant.