The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On July 4, 2002, the Plaintiff first purchased C Apartment D Co., Ltd. (hereinafter “instant apartment”). On August 23, 2002, the Plaintiff paid KRW 1,288,000 to the school site charges (hereinafter “instant apartment charges”).

B. Around September 22, 2004, the Plaintiff transferred the right to sell the apartment of this case to the Defendant in KRW 171 million. On November 2, 2004, the Plaintiff reported on November 2, 2004, the remainder of KRW 8,712,00,000, excluding the acquisition value of the transfer margin of KRW 161,00,000 and the share in school site contributions.

C. On March 31, 2005, the Constitutional Court ruled that the charges may be imposed on the buyers of multi-family housing in order to secure school sites in a development project area implemented under the Housing Construction Promotion Act under Article 2 subparag. 2 and Article 5(1) of the former Act on Special Cases Concerning the Acquisition of School Sites (amended by Act No. 6219 of Jan. 28, 2000) which provides that the charges for school sites may be imposed on buyers of multi-family housing shall be imposed and collected from the buyers of multi-family housing in accordance with Article 2 subparag. 2 and Article 5(1) of the same Act.

Pursuant to Article 3 of the Special Act on the Refund, etc. of Charges for School Sites, the strike Mayor intended to refund KRW 1,686,600,00,00,000 calculated by adding the interest on the instant apartment to KRW 1,288,00,000. However, on May 20, 2009, on the ground that the Plaintiff and the Defendant, who applied for the refund of the instant charges, cannot be identified as the principal due to any dispute in relation to the receipt of the said refund, the Plaintiff and the Defendant deposited the deposited amount of KRW 1,686,60,60, by designating the principal as the Plaintiff or the Defendant on May 20, 209.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The following circumstances, which can be acknowledged by taking into account the above facts of recognition and the purport of the entire arguments, namely, ① the amount borne by the seller, such as charges for school sites for the sale of apartment sale rights.