beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In March 1, 1998, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter referred to as “instant land”) from the Defendant on March 1, 1999 from the Defendant, and the land listed in paragraph (1) of the separate sheet (hereinafter referred to as “instant land”; the buildings listed in Paragraph (2) of the separate sheet are referred to as “the instant building”; and the general term “the instant real estate”; and the contract deposit amount is KRW 70 million on the date of the contract; the intermediate payment is KRW 10 million on May 18, 1999; and the intermediate payment is KRW 530 million on May 20, 1999; and the sales contract was prepared to pay each of the instant items (Evidence A; hereinafter referred to as “instant sales contract”).
B. On May 18, 199, the Defendant drafted a receipt of KRW 100 million for part payments (Evidence 4-1), and on May 20, 199, a receipt of KRW 410 million (Evidence 4-2) for the Plaintiff on May 20, 199.
C. Meanwhile, the land of this case was registered as the Seoul Central District Court No. 61053 on August 19, 1996 by the Seoul Central District Court No. 6105, and the registration of ownership transfer in the name of the defendant was made on July 2, 1999 with respect to the 1/5 portion of the land of this case. The registration of ownership transfer in the name of the plaintiff was made on July 3, 1999 by the above court No. 60030 on July 3, 199, and the registration of ownership transfer in the name of the defendant was made on March 6, 1997.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading
2. Judgment on the plaintiff's claim
A. On March 1, 199, the Plaintiff asserted by the parties 1, the Plaintiff entered into a sales contract with the Defendant to purchase the instant real estate at KRW 700 million, and paid the Defendant the down payment and the intermediate payment at KRW 170 million, and then deducted the remainder KRW 530 million from the deposit money for lease of the instant building at KRW 193 million.