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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. On November 18, 2014, the Plaintiff entered into a sales contract with Defendant B (Appointed Party; hereinafter “Defendant”) to purchase the instant land in KRW 600,000,000 with the purchase price; however, the purchase price was to be paid to Defendant B and the Selection Party C (hereinafter “Defendant”) in lump sum payment when lending the said land as security.
As to the payment method, the Plaintiff and Defendant B, upon receiving the instant land from the Defendants as collateral, paid KRW 250,000,000 to the Defendants, and transferred the registration of ownership transfer from the Defendants under the Plaintiff’s name, and set up a second-class mortgage on the amount of preserved bonds in the name of the Defendants, and subsequently, agreed to change the construction of the building on the instant land by selling it or offering it as collateral, thereby paying the Defendants the remainder of KRW 350,000 to the Defendants.
Therefore, according to the above oral agreement, the Defendants are obligated to receive KRW 250,000,000 from the Plaintiff and to transfer the registration of ownership transfer with respect to the instant land.
B. 1) In order to establish a contract of related legal principles, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters that form the content of the contract in question, but there is a specific agreement with respect to the essential matters or important matters, or at least an agreement with which the parties may specify them in the future. In the meantime, in a case where there is no agreement with respect to matters that the parties have expressed that the agreement should be reached, it is reasonable to deem that the contract has not been concluded, barring any special circumstances (see, e.g., Supreme Court Decision 200Da51650, Mar. 23, 2001). 1.