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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 26, 2007, the Defendant entered into a sales contract for mining rights, etc. between the Plaintiff and the Defendant and the Defendant (registration number: mining area D, mining land register in the Jeonnam-gun, Jeonnam-gun, and mining land register: Mazin, Mazin, Mazin, Mazin, Mazin and Mazin: Mazin, Mazin and 96 (hereinafter “instant mining right”).
(A) In the instant case, the instant real estate collectively owned by the Defendant and the Defendant, and the Jeonnam-gun, Jeonnam-gun, 1,924 square meters, G 55 square meters, H 136 square meters, G 112 square meters, J 67,496 square meters, and J 67,496 square meters (hereinafter referred to as the “each of the instant real estate”).
(1) The sales contract of this case was sold in KRW 320 million (hereinafter “instant sales contract”).
(2) On June 15, 2010, the Plaintiff issued a promissory note with KRW 290 million as of June 15, 2010, and delivered it to the Defendant. At the same time, the Defendant paid the amount of the promissory note to the Plaintiff, and at the same time, deliver all the documents necessary for the registration of transfer of ownership of each of the instant real estate out of the subject matter of the instant sales contract. (2) In the event that the Plaintiff was unable to pay the said intermediate payment and the remainder payment, the Defendant first performed the procedures for the registration of transfer of ownership of the instant mining right out of the subject matter of the instant sales contract, and set up a collateral within the maximum of KRW 150 million with respect to the instant mining right in order to secure the fulfillment of the payment of real estate intermediate payment and the remainder payment, and at the same time, at the same time the establishment of the collateral was cancelled to the Plaintiff. (2) The Plaintiff entered into an additional agreement with the Plaintiff on January 1, 2010 (hereinafter “the following additional agreement”).
3 In accordance with the instant additional agreement, on January 11, 2010, the Plaintiff issued to the Defendant a promissory note with a face value of KRW 290 million, the due date for payment, June 15, 2010, and the payee’s Defendant.