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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On October 30, 2006 between the Plaintiff and the Defendant, a sales contract was concluded between the Plaintiff and the Defendant to sell each real estate of KRW 135,960,000 (hereinafter “instant first sales contract”). The Plaintiff paid KRW 13,500,000 to the Defendant on the day.
B. On November 20, 2006, the Plaintiff remitted KRW 20,000,000 to the Defendant. On December 4, 2006, the Plaintiff withdrawn KRW 50,000,000 from the account under its name by means of a cashier’s check.
C. The Defendant, on December 22, 2006, issued on December 30, 2006, the Janan District Court, Janan District Court’s receipt of No. 14533 of the receipt on December 22, 2006 with respect to the real estate listed in [Attachment 2] List No. 6 (hereinafter “instant real estate”), sold all of the instant real estate to others, and completed the procedure for ownership transfer registration to others.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2, 4 through 8 (if there are various numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion 1) After the conclusion of the first sale contract of this case, the Plaintiff purchased real estate listed in the separate sheet No. 2 from the Defendant in KRW 127,200,000 from the Defendant, and the down payment of KRW 13,500,000 from October 30, 2006; KRW 20,000 from the first intermediate payment of KRW 20,000 from November 20, 2006; KRW 50,000 from the second intermediate payment of KRW 50,00 from December 4, 2006; KRW 43,700,000 from the remainder payment of KRW 43,70,00 from the cancellation of the ownership transfer registration (hereinafter “the second sale contract of this case”).
(2) On November 20, 2006, pursuant to the instant sales contract, the Plaintiff directly remitted the intermediate payment of KRW 20,000,000 to the Defendant on November 20, 2006. On December 4, 2006, the Plaintiff withdrawn KRW 50,000,000 from the account under the Plaintiff’s name to the cashier’s check and paid it to the Defendant. (2) The Plaintiff fulfilled its obligations under the instant sales contract.