1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On December 14, 2010, between the Plaintiff and the Defendant, a sales contract consisting of KRW 5,855 square meters of C forest land (hereinafter “instant real estate”) and KRW 2.23 billion of the purchase price (hereinafter “instant sales contract”) was drawn up between the Plaintiff and the Defendant.

Article 1(2) of the sales contract of this case states, “The Defendant shall pay the remainder KRW 2.13 billion at the time of entering into a contract, and the remainder KRW 2.13 million at the time of cancellation of security, such as mortgage, and the Plaintiff shall transfer the instant real estate simultaneously with the contract.”

On the other hand, the registration of ownership transfer was completed on March 6, 2008 on the instant real estate in the name of D Co., Ltd. (hereinafter “D”), and on December 20, 2010, the registration of ownership transfer was completed.

The Defendant paid KRW 100 million to the Plaintiff the down payment stated in the instant sales contract, and on December 22, 2010, the Plaintiff completed the registration of ownership transfer on the instant real estate in the future.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 and 2, assertion of the purport of the whole pleadings, and plaintiff's assertion of judgment as to December 14, 2010 that the plaintiff sold the real estate of this case to the defendant in the amount of KRW 2.23 billion and completed the registration of ownership transfer of the above real estate. Thus, the defendant is liable to pay the remaining balance to the plaintiff 2.13 billion won and damages for delay.

Judgment

Generally, who is the party to the contract is a matter of interpretation of the intention of the party involved.

The interpretation of a declaration of intention clearly establishes the objective meaning which the parties have given to the act of indicating it, and in case where the parties to a contract prepare in writing the contents of any contract as a disposal document, it shall not be bound by the phrase used in such document, but it shall be limited to the act of indicating it by the parties, regardless of the internal intention of the parties.