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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 15, 2009, the Plaintiff asserted that the Plaintiff concluded a sales contract with other co-owners on each of the lands owned by the Defendant C, D, E, F, G, H, and I (hereinafter “each of the instant lands”), and paid the Defendant the down payment of KRW 300,000,000.
However, even though the instant sales contract was terminated on April 19, 201 and the Defendant promised to return the down payment to the Plaintiff, only 120,000,000 won out of the down payment is returned, and the remaining KRW 180,00,000 is not returned. Thus, the Defendant is entitled to recover the down payment.
2. According to the evidence Nos. 1 and 2, the Plaintiff and J, K, and L intend to jointly carry out the land purchase and development project owned by the Defendant. On December 15, 2009, the joint purchaser entered into a sales contract for each of the instant land with the Defendant and paid KRW 150,000,000 as down payment to the Defendant on December 15, 2009, even though it is found that the Plaintiff paid KRW 300,00,000 as down payment to the Defendant.
In addition, there is no other evidence to acknowledge the fact that there is a cause for the termination of the above sales contract and the return of the down payment.
Rather, according to the above evidence and evidence Nos. 1 and 2-1 and 2-2, the plaintiff has invested 300,000,000 won to the co-owners for the purchase of the above land and the progress of the development project, and the plaintiff, during the course of the project, prepared a new letter of payment stating that "the plaintiff shall pay 300,000,000 won of the investment principal of the above land and pay 300,000,000 won to the defendant and K until September 15, 2011." On April 19, 2011, the defendant again notified the plaintiff of each of the above land by September 30, 201, and received a new letter from the defendant that "the defendant shall pay 300,000,000 won borrowed by J under the responsibility of the defendant."