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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 following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence Nos. 1, 5, 7, 9, 10, 14, 16 through 18, 20 through 22, 25, 26, Eul evidence Nos. 2 through 10, 12, 14 through 17, 19 through 21, 41, 42 (including each number, if any; hereinafter the same shall apply):
Alternative Industrial Facilities Co., Ltd. and Dong Changwon Co., Ltd., Ltd., 1) alternative industrial facilities Co., Ltd. (hereinafter “large industrial facilities”)
(C) On November 22, 2012, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in the Changwon District Court C’s auction procedure for real estate (hereinafter “each of the instant real estates”).
(1) An international trust corporation (hereinafter referred to as “international trust”) has been awarded a contract and acquired ownership on the same day.
(2) On January 31, 2013, the instant real estate was sold at KRW 10.3 billion to D, etc. on March 13, 2013, and the sales of each of the instant real estate was made to D, etc. on the following grounds: (a) the sales of the instant real estate was made to D, etc. on the part of the purchase price paid; and (b) the sales industry, D, etc. did not prepare any balance after paying only some of the purchase price.
3 alternative industrial facilities: (a) cancelled the above sales contract concluded with the cargo industry and tried to confiscate the down payment of KRW 500 million, which was received from the cargo transportation industry as penalty; (b) did not confiscate at the request of the Plaintiff who provided the down payment to the cargo transportation industry; (c) on June 14, 2013, the “price for each of the instant real estate is KRW 10 billion as of June 26, 2013; (d) KRW 500 million as the down payment was paid from the cargo transportation industry in lieu of the above KRW 50 million paid from the down payment and the remainder payment by September 26, 2013; and (e) simultaneously perform the payment of the remainder and the delivery of documents necessary for the transfer of ownership of each of the instant real estate; and (e) the balance until September 26, 2013.