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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 28, 2013, the Plaintiff asserted that the Defendant (Appointed Party) and the Defendant sold the instant land outside of KRW 1349 square meters prior to Seosan-si (hereinafter “instant land”) at KRW 410,000,000,000 for the purchase price, and sought payment of KRW 147,60,000,000, not paid out of the purchase price.
As to this, the Defendant (Appointed Party) asserted that the Plaintiff’s claim is unreasonable, since the actual purchase price of the sales contract concluded on January 28, 2013 is KRW 300 million on the day and the Plaintiff was paid in full on the next day and the ownership transfer registration was completed on the next day.
2. Judgment on the parties' arguments
A. While the Plaintiff owned the instant land, on January 28, 2013, the Plaintiff entrusted the sale to D, her husband, to whom he/she was issued a seal imprint and a certificate of personal seal impression directly issued by her husband. 2) The Defendant (Appointed Party) and the designated parties drafted a sales contract with respect to D and the instant land at KRW 410 million on January 28, 2013 (Evidence A No. 1) and according to the said contract, the entire down payment was paid on the day of the contract and the name of the instant land was made on the day.
3) On January 28, 2013, from around 14:34, to around 14:38, 2013, the Defendant (Appointed Party) and the designated parties deposited KRW 39,096,230,000 in the name of the Plaintiff’s Daesan Agricultural Cooperative account, KRW 37.6 million in sequence, and KRW 223,303,770 in the name of the Plaintiff’s husband, and KRW 223,303,770 in the Plaintiff’s loan-related large agricultural cooperative account, and paid KRW 320 million in total. 4) On January 29, 2013, the right to collateral security was cancelled in the name of the Plaintiff, the creditor, and the ownership transfer registration was completed in the name of the Defendant (Appointed Party) and the designated parties under the name of the Plaintiff’s name under Article 32466 on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3 (including Ga number; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 6, and the purport of the whole pleadings.