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1. The claim extended by the Defendant (Counterclaim Plaintiff, and Plaintiff for retrial) in the lawsuit for retrial of this case shall be dismissed.
2...
Reasons
1. Basic facts
A. (1) Before filing a lawsuit for a judgment subject to a retrial, the Plaintiff: (a) was designated as C’s project implementer on October 18, 2012; and (b) was authorized and publicly notified on March 14, 2013 by the Plaintiff; (c) on May 19, 2012, the Plaintiff entered into an agreement for a purchase of KRW 18,50,000,000 (hereinafter “instant real estate”) for the total price of KRW 185,00,000,000,000, out of KRW 11,802,000,000,000 in the course of performing the said project (hereinafter “instant sales agreement”); and (d) paid KRW 18,50,000,00 for the same day as the down payment.
3) The Plaintiff entered into an agreement with the Defendant, who was a proxy D on the date of the conclusion of the instant sales contract, to pay KRW 55,00,000 to the Defendant by August 19, 2012, separately from the above sales price, and prepared a cash custody certificate to that effect and deliver it to the Defendant (hereinafter “instant agreement”).
(4) On the same day, the Plaintiff paid KRW 74,00,000 to the Defendant on the same day, upon receiving a request to increase the purchase price of the instant sales contract from the Defendant Company following the conclusion of the instant sales contract, immediately on May 22, 2012, and immediately paid KRW 74,00,000 as an intermediate payment, and on June 15, 2012, the Plaintiff paid KRW 11,00,000 out of the instant contract amount to the Defendant.
5) Since then, the Plaintiff filed an application for adjudication to expropriate each of the instant real estate, etc. with the former Southern Regional Land Expropriation Committee on September 27, 2013 (hereinafter “instant adjudication to expropriate each of the instant real estate as of November 11, 2013”).
(B) On November 14, 2013, the Plaintiff deposited KRW 191,491,370, total sum of the compensation for expropriation of the said real estate, as the Gwangju District Court No. 8770, the depositee D in November 11, 2013. (B) The Plaintiff against the Defendant on November 14, 2013, as the Gwangju District Court No. 2014Ga31696, supra.