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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The non-party SD Co., Ltd. (hereinafter referred to as “SD”) purchased the land of Jung-gu, Daegu-gu, and promoted the apartment reconstruction implementation project (hereinafter referred to as “instant implementation project”). The Defendant is the owner of each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”).
Article 1 (General Provisions) In entering into a contract of sale and purchase, the contract shall be entered into between the seller’s Defendant (hereinafter referred to as “A”) and the buyer’s and one other (hereinafter referred to as “B”) on the following terms:
Article 3 (Indication of Real Estate) Article 4 (Sale Price)
(a) The total purchase price shall be KRW 198,000,000;
(b) Sales proceeds shall include all of ground objects and crops related to the sale and purchase real estate;
Article 5 (Conditions and Timing for Payment of Sale Price) In principle, the sale price shall be deposited into a bank account.
Contract deposit: 20,000,000 - Any balance remaining after the completion of contract for at least 85% of the entire parcel: 178,00,000 - at the time of completion of contract for the previous parcel after project approval or at the time of completion of contract for the previous parcel (sale area) shall be limited to the area on public account.
Article 10 (Transfer of Ownership) “A” shall issue all documents necessary for the transfer of ownership to a third party designated by “B” and shall bear the burden of “B” for the transfer of ownership in order to receive the balance of the purchase price and to smoothly carry out the business of “B” or “B”.
On August 3, 2005, E.S. purchased each of the instant real estate in the instant project site between the Defendant and the seller, “Defendant” and “E.S. Nonparty 1” for the purchase price of KRW 400 million, but the down payment of KRW 40 million shall be paid at the time of completion of the contract at least 85% of the pre-project site, after completion of the contract at least 85% of the pre-project site, as follows.