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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) On April 8, 2010, the Plaintiff sold the instant forest and the instant mountainous district conversion, etc. to the Defendant at KRW 2 billion, but paid in cash the amount of KRW 400 million, and the remainder KRW 1.6 billion is the Plaintiff’s Zex Co., Ltd. (hereinafter “NEex”).
(2) According to the above sales contract, the Defendant paid the Plaintiff KRW 70 million on April 8, 2010, and KRW 330 million on April 9, 2010. On April 9, 2010, the Plaintiff completed the registration of ownership transfer of the instant forest land to the Defendant on April 9, 2010, and transferred the name of the instant permission for mountainous district conversion.
3) On May 27, 2011, when the Plaintiff paid KRW 524 million to the Defendant with respect to the performance of the above sales contract between the Defendant and the Defendant, the Plaintiff agreed that the Defendant take over the Defendant’s obligation of KRW 1.96 million of the loans from our bank and KRW 1.2 billion of the loans from NAEex. However, out of the above KRW 524 million, the amount of KRW 200 million shall be cash, and for the remainder, the amount of KRW 524 million shall be referred to as the “instant gas station”).
(4) On July 7, 2011, the Plaintiff agreed to substitute the payment of KRW 200 million in cash as the transfer of the right to sell the housing site in F’s name (hereinafter “right to sell the instant housing site”) in lieu of the payment (hereinafter “instant agreement”).
5) On July 201, the Plaintiff issued to the Defendant all documents necessary for the change of the name of the gas station in this case, and notified the transfer of the F name to the instant sale right. 6) Despite the Plaintiff’s performance of all obligations under the instant agreement, the Defendant did not accept the loan amounting to KRW 1.96 million from our bank.