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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 4 and 6, Eul evidence 1 to 1-7, Eul evidence 3, Eul evidence 4-1 to 6-6, Eul evidence 6-1 and Eul evidence 6, Eul evidence 8, Eul's statement and shape, Eul's testimony and whole arguments, and there is no counter-proof.
Around April 7, 2010, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 1.7 billion (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant building”) constructed for the purpose of a hospital (hereinafter “instant building”), and agreed to deliver the instant building immediately upon receipt of documents necessary for the registration of transfer of ownership at the time of the first intermediate payment, KRW 200 million for the said sales contract, and KRW 300 million for the first intermediate payment, KRW 300 million for the first intermediate payment, April 20, 2010, and KRW 500 million for the second intermediate payment, on May 20, 2010, and at the same time, deliver the instant building to the Defendant for the construction of the relevant facilities.
Accordingly, the defendant received delivery of the building of this case from the plaintiff around that time, set approximately KRW 860,000,000 to the facility construction cost, and performed the facility construction work.
B. On the same day, the Plaintiff leased the deposit deposit of KRW 1.85 million to Nonparty C, which is scheduled to be used as a funeral hall among the instant building for the purpose of a funeral hall (hereinafter “the part of a funeral hall”), with a set of the lease deposit of KRW 1.85 million from July 1, 2010 to 72 months from July 1, 2010 (hereinafter “the instant lease agreement”). The Plaintiff agreed to complete the funeral hall facilities and the interior of the body before the date of the above delivery, and paid the Defendant the fee of KRW 65 million for the interior cost from Nonparty around that time.
C. On the other hand, the Plaintiff agreed with C to cover the rental deposit to be paid by C at the time of the conclusion of each of the above contracts, and from C until May 20, 2010.