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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. The Plaintiff is a company mainly engaged in real estate development business, etc., and the Defendant is a school juristic person established for the purpose of higher education and early childhood education, and operates the Korea National University under its control.
B. On December 7, 2011, the Plaintiff entered into a sales contract with the Defendant on ① 25-26 m32 m32 m32 m3 m3 m2,250,000 m312 m25 m25,000 m25,000 m2,000 m25-66 m2,000,000 m25-68 m25,000 m312 m2,000 m25,000 m25 m2,465 m2,00 m2,000 m2,000 m2,000 m2,000 m25,00 m25,000 m2,000 m25,00 m25,00 m2,00 m25,00 m2,01.
C. Each real estate of this case requires permission of the Ministry of Education to dispose of its basic property for profit. The defendant was unable to transfer its ownership to the plaintiff without obtaining such permission.
Accordingly, the defendant and the plaintiff entered into a sales contract again after obtaining permission for disposal, and the above sales contract was rescinded by agreement.
The Ministry of Education, on October 15, 2012, ordered that the real estate of this case be disposed of at least 12,236,90,720 won in total (the amount of appraisal ① real estate: 3,143,658,00 won; ② real estate: 19,48,000 won in real estate; ③ real estate: 4,263,000 won in real estate; 4,267,000 won in real estate; 20,000 won in real estate; 5,00 won in real estate; 6,00,000 won in real estate; 6,01,125,000 won in real estate; 7,00 won in real estate; 82,854,573,00 won in real estate; 86,160,000 won in real estate; 9,36,145,720 won or more in real estate; and
E. On October 16, 2012, the Defendant: (a) between the Plaintiff and the Plaintiff: (b) KRW 3,187,90,000; and (c) KRW 1,500,000,000,000,000,000 real estate.