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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Before June 2, 2014, the Defendant: (a) the contractual relationship between the Defendant and C on June 2, 2014; (b) the Defendant, from C, etc., is a D to 947 square meters in Kimhae-si (hereinafter
(1) purchased KRW 615 million and completed the registration of ownership transfer on March 5, 2012. An apartment (one unit of 19 households, hereinafter “instant apartment”) to be newly built on the instant land shall be deemed to be an apartment (hereinafter “instant apartment”).
Around July 19, 2012, the owner’s name in relation to C, etc. was changed to the Defendant. (2) On January 17, 2013, the Defendant agreed to pay C, etc. KRW 180 million (on September 28, 2012, KRW 50 million, a loan of KRW 100,000,000,000,000,000,000, under the name of the building price in the instant land) by December 30, 2013.
3) On January 13, 2014, the Defendant completed provisional registration on the instant land on the ground of “the reservation to sell and purchase the instant land as of January 7, 2014,” and received KRW 30 million from C around that time. At the time of the said promise to sell and purchase, the Defendant and C provided that “if the sale is completed after May 30, 2014, the Defendant shall receive the remainder after deducting the said KRW 30 million from C, from the purchase and sale amount of KRW 550 million, and completed the principal registration to C,” and that “C shall cancel the said promise due to the payment of the purchase and sale amount,” the Defendant asserted in the instant case of the main registration claim (Seoul District Court Decision 2015Da2314) based on the said provisional registration, the court dismissed the Plaintiff’s claim for the construction work as of July 22, 2016, and the Plaintiff’s new construction of the instant apartment construction project (hereinafter referred to as “the instant construction contract”).
(B) A construction period of construction is within the period of construction from January 21, 2014 to August 20, 2014, the construction cost of KRW 1.819 billion (the value-added tax was determined and awarded separately, and the ownership of each real estate listed in the separate list of Attached Form 1, among the apartments newly constructed in lieu of the payment of KRW 1.566 billion out of the construction cost, shall be transferred.