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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 18, 2013, the Plaintiff purchased Asan City C, 102 (hereinafter “instant real estate”) owned by the Defendant in the purchase price of KRW 280,00,000,00. Of the purchase price, KRW 67,465,271 of the purchase price was repaid by the Plaintiff in lieu of the same amount as the Defendant’s obligation for construction payment for the monthly comprehensive construction for the non-party corporation, the Plaintiff concluded a sales contract with the Incheon Fisheries Cooperatives established on the said real estate and the MM design for the Plaintiff to repay KRW 100,00,000 (hereinafter “instant sales contract”).
B. On June 7, 2013, pursuant to the instant sales contract, the Plaintiff repaid KRW 100,000,000 to the said collateral security obligation, and the Defendant, on the same day, completed the registration of ownership transfer with respect to the instant real estate.
Since then on October 31, 2013, the Plaintiff repaid KRW 67,465,271 to Si Comprehensive Construction Co., Ltd.
C. After receiving the instant real estate from the Defendant on June 7, 2013, the Plaintiff leased the instant real estate to D with a deposit of KRW 20,000,000, monthly rent of KRW 1,200,000, and the lease period of KRW 24 months from June 7, 2013, and received the monthly rent from D.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 3, 4, 11, 12 (including each number), and Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion 1) On April 18, 2013, the Plaintiff asserted that the Defendant constituted the instant real estate and access roads thereto, E, F, and G roads (hereinafter “instant road”).
(2) Each of the shares in the road (hereinafter referred to as the “road shares of this case”).
B At the same time, the purchase price was set at KRW 280,000,000, including the purchase price of the above road shares of KRW 24,000,000, and the Defendant did not perform its duty to register the transfer of the above road shares.
In the instant sales contract, the instant road shares are very important in the formation of the contract.