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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserted that the Plaintiff was liable for a monetary obligation against the Defendant, but around March 2005, the Plaintiff and the Defendant cancelled the registration of the establishment of a neighboring E-Gu building 404 (hereinafter “instant real estate”), which was acquired by the Plaintiff through an exchange contract with C and D, and completed the registration of the establishment of the ownership in the future of the Defendant. However, since the market price of the instant real estate exceeds the Plaintiff’s obligation to the Defendant, the Defendant paid KRW 20 million to the Plaintiff immediately upon receipt of the registration of the ownership transfer of the instant real estate, and thereafter, agreed to pay to the Plaintiff an amount exceeding KRW 50 million from the purchase price if the Defendant sells the instant real estate at a price above KRW 50 million.
The Plaintiff paid the full amount of the secured debt of the right to collateral security established on the instant real estate in accordance with the agreement and completed the registration of ownership transfer in the Defendant’s future after cancelling the registration of ownership transfer. Since the Defendant sold the instant real estate to a third party on or around May 2008, the Defendant is obligated to pay the Plaintiff KRW 40 million (=the balance of the purchase price exceeding KRW 20 million that was immediately paid (20 million) and damages for delay.
B. The facts of recognition (1) between C and D on Jan. 8, 2005, the Plaintiff evaluated F forest land of KRW 7,380 square meters as KRW 66,960,00,000,000 owned by the Plaintiff, as KRW 304, 404, 504, 604, and 803 (No. 404 among them is the real estate of this case) of Bupyeong-gu Incheon E building owned by C and D, and the Plaintiff entered into an exchange contract with each other on the condition that the exchange difference shall be KRW 154,60,000,000,000,000 for each of the above real estate is paid to C and D.
(2) The Plaintiff was liable to the Defendant for the amount of the unpaid obligation, but around March 2005, to the Defendant.