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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff received title trust from C with respect to each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”), and completed the registration of ownership transfer (attached Form 1-6) or the registration of ownership preservation (attached Form 7-10) in the name of the Plaintiff.
B. While the Plaintiff agreed with C to bear various taxes, etc. incurred by the instant real estate, the Plaintiff continued to pay the said taxes, etc. due to C’s failure to pay the taxes, etc., the Plaintiff demanded C to transfer the title of ownership of the instant real estate, and to pay taxes, etc. paid instead of C.
C. Accordingly, C entered into a new title trust agreement with the Defendant on the instant real estate, and agreed to pay all expenses incurred by the instant real estate, while having the instant real estate registered under the Defendant’s name.
Accordingly, on June 3, 2019, the Plaintiff and the Defendant sold the instant real estate at the price of KRW 900 million, but the down payment of KRW 90 million was paid on the date of the contract, and the remainder of KRW 810,000,000 was written on June 20, 2019.
(The Defendant’s name and seal affixed to the sales contract was delegated to C). On June 20, 2019, pursuant to the above sales contract, the registration of ownership transfer was made under the Defendant’s name with respect to the instant real estate. However, due to the foregoing circumstances, the Defendant did not pay the above sales amount, and the Plaintiff did not receive the actual sales amount.
E. The Plaintiff demanded C to pay taxes, etc. that it paid in lieu of C, and the said C, via D, stated the lessor as to the real estate listed in paragraph (10) of paragraph (10) in the attached Table on June 20, 2019, as follows: (a) the Defendant, lessee, the Plaintiff, the lessee, the deposit money, the lease period of KRW 100 million; (b) the lease period from June 21, 2019 to August 21, 2019; and (c) No. 3 of the lease contract, which entered as the receipt of the deposit money.