1. The plaintiff's claim is dismissed.

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

On June 9, 2017, the Plaintiff sold each of the real estate listed in the attached Tables 1 and 2, which was owned by the Plaintiff, to the Defendant for KRW 900 million.

The Defendant succeeded to the Plaintiff’s loan repayment obligation of KRW 20 million and the lease deposit repayment obligation of KRW 14 million, and agreed to pay KRW 187 million to the Plaintiff in cash by transferring the real estate listed in the attached table 3 through 6, which was owned by the Defendant, and to pay KRW 390 million in cash.

Nevertheless, the Defendant did not pay KRW 379 billion out of the above KRW 399 billion.7 billion.

Therefore, the defendant is obligated to pay the remainder of KRW 379 million to the plaintiff and delay damages.

The main purport of the defendant's assertion is that the plaintiff and the defendant agreed to exchange each real estate listed in the separate sheet Nos. 1 and 2 in the separate sheet Nos. 3 through 6, which were owned by the defendant, and the sales contract concerning each real estate listed in the separate sheet Nos. 1 and 2 is prepared formally.

Judgment

As long as the authenticity of a disposal document is recognized, the court shall, in principle, recognize the existence and content of the declaration of intent according to the contents of the document, unless there is any reflective evidence, or, even if the document is a disposal document, if it is recognized that there is any explicit or implied agreement different from the contents of the statement, it may recognize

(See Supreme Court Decision 2005Da34643 Decided April 13, 2006, Supreme Court Decision 2006Da27055 Decided September 14, 2006, etc.). In addition to the overall purport of the pleadings in each of the items in the evidence No. 1, No. 1, and evidence No. 2-1, No. 2-2, the Plaintiff and the Defendant prepared a sales contract (hereinafter “instant sales contract”) with a sales price of KRW 900 million for each real estate listed in the separate sheet No. 1, and No. 2 in the separate sheet No. 1, No. 2006, and No. 2, No. 27055 Decided 14, 2006.