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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 October 23, 2013, the Plaintiff and the Defendant drafted a real estate sales contract (hereinafter “instant sales contract”) with a content of selling KRW 12,336 square meters of land D in Gyeonggi-gun, Gyeonggi-do, and KRW 1080 square meters of land E miscellaneous land (hereinafter “each of the instant land”) in KRW 1.166 million (hereinafter “instant sales contract”).
The main contents are as follows:
The purchase price: 1.166 billion won: 150 million won shall be paid and received at the time of the contract. Any balance: 1.1 billion won shall be paid in November 20, 2013.
B. On October 23, 2013, the Plaintiff and the Defendant drafted each mutual agreement with the following content.
Of the entire land in Gyeonggi-do D, 500, 500, is owned by the husband’s land, which is the former owner, and mutual agreement is reached between the buyer and the Plaintiff at the time of sale after the buyer’s sale.
C. On October 23, 2013, the Plaintiff leased a security deposit of KRW 60 million and KRW 1 million per month of rent from the Defendant (hereinafter “instant lease agreement”).
The Defendant completed the registration of ownership transfer based on sale on November 23, 2013, from No. 14842, which was received on November 29, 2013, with respect to each of the instant land.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings
2. The parties' assertion
A. On October 23, 2013, the Plaintiff sold each of the instant lands to the Defendant at KRW 1160 million, and completed the registration of ownership transfer on November 29, 2013, and the Defendant is obligated to pay the purchase-price to the Plaintiff. As the Plaintiff and the Defendant agreed to keep the Plaintiff’s share of KRW 500 out of each of the instant lands, the Plaintiff and the Defendant agreed to pay the purchase-price at KRW 142,65,600, and the establishment registration of a mortgage was established on each of the instant lands.