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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2013, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by the Plaintiff at the time, and completed the provisional registration of the right to claim transfer of ownership (hereinafter “each of the instant provisional registrations”) in the Defendant’s name on the 18th day of the same month.
The main contents of the instant trade reservation are as follows.
The payment under Article 1 shall be determined by the payment of KRW 423,00,000, and the buyer shall be deemed to have paid to the seller at the same time as he has made a declaration of intention to complete the sale, by bringing the payment in his possession, without fixing a period.
Article 2 In the event of an expression of intent to pay the price and to complete the sale under the preceding Article, the ownership of the real estate to be sold shall be naturally transferred to the buyer under such conditions, and the seller shall immediately apply for the registration of ownership transfer of the said real estate, and also deliver the said real estate to the buyer
Section 4. The buyer shall pay to the seller the sum of KRW 423,00,00 at the same time as the deposit in the formation of this contract and at the same time the seller shall receive such payment.
B. On March 14, 2013, the Defendant issued a loan certificate with the Plaintiff’s principal “423,00,000,000 due date,” and the said loan certificate stated that each of the instant real estate is indicated as “special agreement” and that “the seller promises to implement the principal registration on September 30, 2013 with the buyer’s provisional registration on September 30, 2013.”
C. On the basis of each of the instant provisional registrations, the Defendant filed a lawsuit against the Plaintiff on September 30, 2013 on the basis of each of the instant provisional registrations, and filed a lawsuit on the registration of ownership transfer based on the completion of the pre-sale agreement, and the judgment of the appellate court rendered a decision on the seizure of the claim for ownership transfer claim No. 2014, Oct. 2, 2014 between the Defendant and C.