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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2009, the Plaintiff was donated to C and D, the president of the Plaintiff, who was the president of the Plaintiff, with the exception of the F land partitioned from the above E land among the land of Goyang-gu, Soyang-gu and 10 parcels before the division, and after the division, the remainder of the land, excluding the F land expropriated at Goyang-gu, Goyang-si. The registration of ownership transfer was made on October 9, 2009.
B. On October 30, 2009, the Plaintiff prepared a sales contract (No. 2) with respect to the sale price of KRW 814,000,000 with respect to the land above G (hereinafter “instant land”) among the land donated as above between the Defendant and the Defendant. The contract deposit under the said sales contract is KRW 500,000,000, the payment date is vacant, the remainder amount is KRW 814,00,000, and the payment date is November 5, 2009.
(hereinafter “instant sales contract” between the Plaintiff and the Defendant
The Defendant obtained a loan of KRW 600,000,000 from a financial institution on November 5, 2015 and pays it to the Plaintiff on the same day, and received the registration of ownership transfer from the Plaintiff on the same day.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, 2 and 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that the Plaintiff is liable to pay the remainder of KRW 14,00,000 to the Plaintiff, since only KRW 800,000 out of the purchase price of KRW 814,00,000 according to the instant sales contract was paid.
In regard to this, the Defendant is KRW 662,00,000 of the actual purchase price of the instant sales contract. In order to obtain a large amount of loan from a financial institution at the time, the Defendant prepared the purchase price at KRW 814,00,000 under the sales contract, and thus, the Plaintiff cannot comply with the Plaintiff’s claim.
B. The following facts are recognized in full view of each of the above basic facts and Eul evidence Nos. 4 through 12, and the witness H’s testimony and the purport of the entire pleadings.
① H on July 7, 2009: C, D and the above basic facts.