beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized as basic;
A. On August 18, 2014, the Plaintiff and Nonparty D representing C concluded a sales contract with the Defendant to jointly purchase the purchase price of KRW 180,000,00 in the Seocho-gu Seoul E-gu and the second intermediate payment of KRW 27,00,000 between the Defendant and the Plaintiff and the two (hereinafter “Plaintiff, etc.”) with the purchase price of KRW 180,000,000, the down payment of KRW 18,000 on the date of the contract, and the first intermediate payment of KRW 25,00,000 on September 30, 2014, the second intermediate payment of KRW 27,00,000 on October 15, 2014, and the remainder payment of KRW 105,000 on October 30, 2014, respectively.
B. On September 2014, D, who served as an agent of the Plaintiff, etc., transferred to the Defendant that it is difficult for the Defendant to perform the intermediate payment, balance, etc. of Ftel G in terms of the financing form of the Plaintiff, etc. at the time, and the Defendant, who was urgently required to pay inheritance tax at the time, declared that D would cancel the above sales contract for Ftel G, and sold Ftel G to Nonparty H for KRW 150,000,000 on September 18, 2014, after having declared that “if so, the Defendant would cancel the above sales contract for Ftel G” was sold to Nonparty H for the purchase price of KRW 150,00,000 on September 29, 2014.
C. D did not deliver to the Plaintiff, etc. the content that the Defendant intended to cancel the sales contract with the Plaintiff, etc. for Ftel G and the fact that it was sold to a third party. The Plaintiff, etc., who was aware of such content, paid KRW 18,000,000 for Ftel G as an intermediate payment for Ftel G, and KRW 10,000,000 for October 10, 2014, and KRW 3,000,000 on November 24, 2014, respectively.
Since then, the defendant transferred Ftel No. 1 to the plaintiff et al. as a substitute for Ftel No. g, which he had decided to sell to the plaintiff et al. after consultation with D, and the payment of the purchase price is ①.