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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 1, 2014, the Plaintiff asserted that he/she concluded a sales contract to purchase the instant real estate from his/her own child C on behalf of the Defendant (hereinafter “instant sales contract”) and paid KRW 80 million out of the purchase price to the account in the name of the Defendant. As such, the Defendant is obligated to pay the remainder of KRW 1320,000 from the Plaintiff at the same time to the Plaintiff at the same time to pay the remainder of KRW 1320,00,000,000 to the instant real estate.
2. Determination
A. First, as to whether the Plaintiff is a party to the instant sales contract, it is not sufficient to recognize the Plaintiff’s only by the descriptions of health class No. 6-1 and No. 2, and there is no other evidence to acknowledge it.
B. Rather, the following facts do not conflict between the parties, or are recognized only by taking into account the following facts: (a) evidence Nos. 3, 7, 12, and 13-1, 2, and 14-1, 2, and 14-2; and (b) the outcome of this court’s order to submit financial transaction information to the deceased agricultural cooperatives and the entire purport
1) On December 31, 2013, D sent e-mail to the Defendant’s ASEAN an amount of KRW 10 million from the sales contract of the instant real estate to the following: (a) on January 1, 2014, C transferred KRW 10 million to the one-time bamboo agricultural cooperative account in the name of the Defendant known to C; and (b) on January 17, 2014, C again remitted KRW 30 million to the intermediate payment to the said account upon D’s request; and (c) on February 14, 2014, C received KRW 40 million from the buyer of the instant real estate from KRW 90,1320,00,000 up to the present day; and (c) written a confirmation to the effect that the remainder is KRW 51,320,000 in the name of the Defendant, and sent it to D e-mail to the Defendant (Evidence evidence 12-2).
3 D remitted 20 million won to the above account as part of the balance on February 17, 2014, and on the same day C upon D’s request, the Defendant’s total sum of KRW 60 million from D in relation to the sale and purchase of the instant real estate.