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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 3, 2007, the Defendant entered into a real estate security trust agreement on each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”) with C on August 3, 2007, and completed the registration of ownership transfer based on the trust as a trustee on the same day.
B. On June 15, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant contract”) with the Defendant, setting the sales price of the instant real estate as KRW 794 billion in land, KRW 1.4 million in total of KRW 1.466 million in building, KRW 260 million in total of KRW 1.266 million in building. On the same day, the Plaintiff paid the Defendant the down payment amount of KRW 226 million in total.
The main contents of the real estate sales contract (hereinafter “instant contract”) prepared under the instant contract are as follows.
Article 1 (Sale Price) A (the defendant; hereinafter the same shall apply) shall sell to B (the plaintiff shall hereinafter the same shall apply) the subject matter of the sale to be sold to B (the plaintiff shall be hereinafter the same shall apply) in the amount of KRW 146,600,000,000.
Article 2 (Contract Deposit) A shall be paid for KRW 226,000,000 ( KRW 226,00,000) as the down payment.
Article 3 (Methods of Payment) (1) Payment shall be made as follows:
79,100,00 146,90,000 226,000,000 226,600,000 2016-6-15,00,000 1,319,100,14,600 14,600,600 2,180,600,000 total 2016-816, 2016-8-16,000 794,00,000,000 146,60,000,000 2,46,606,60,600,600 2,606,600,000 2,000 2,00,000 shall revert to A, without any separate notice.
Article 4 (Transfer of Ownership) (1) After the conclusion of this sales contract, Eul pays the purchase price and the unpaid management expenses (including delayed fees) under Article 7 of the sales contract, and when Gap requests the registration of ownership transfer to Gap after the completion of the report of real estate transactions, Gap shall immediately do so.