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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 August 25, 2008, the Plaintiff concluded a sales contract with the Defendant’s agent, and with the Plaintiff’s agent to purchase KRW 788 square meters of forest land D, Incheon, Incheon, for KRW 78,00,000 of the purchase price.
(The sales contract of this case). (b)
The Defendant purchased the instant land from E on August 26, 2008, and the same year.
8. 29. Completion of the registration of ownership transfer.
C. Under the instant sales contract, the Plaintiff’s contract deposit amount of KRW 10,000,000, August 25, 2008, which is the contract date, to the Defendant pursuant to the same year.
8.30. Part payments 30,000,000 won, and the same year;
9. The balance was paid 38,000,000 won.
On September 24, 2008, the Defendant completed the registration of creation of a mortgage of KRW 100,000 with the maximum debt amount of KRW 100,000.
[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's representative C promised that "it is possible to resell the land of this case at a high price so that it can be sold, and proceeds from the sale will be left for the plaintiff. If the purchase price is not sold at a high price even after one year has passed since the purchase, it will return the land of this case to a third party plus KRW 10,000,000." This is a sale contract under the condition that "it shall not be sold to a third party at a price above 88,00,000 won" until September 24, 2009, and the defendant agreed to return the land of this case to the plaintiff when the condition of termination is fulfilled."
However, since the land was not sold even one year after the purchase of the land in this case, the sale contract in this case became null and void as the condition for cancellation was fulfilled, and the defendant is obliged to pay the Plaintiff the agreed amount of KRW 88,00,000,000.
B. We examine the judgment, the evidence and witness F’s testimony submitted by the Plaintiff, and the result of the Plaintiff’s personal examination alone, if C does not resell the Plaintiff even after one year has passed since the purchase, KRW 10,000,000 for the purchase price.