beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. A. On February 13, 2006, C entered into a sales contract with the Defendant for KRW 54,000,000 (hereinafter “instant sales contract”) with respect to the Defendant’s share (5,318), part of the Defendant’s share (5,298/12,298/12,000 square meters) in Nam-gu, Incheon Special Metropolitan City E Forest No. 2,629 square meters (hereinafter “instant land”).
B. C applied to D the intermediate payment of KRW 22,00,000 (=the intermediate payment of KRW 5,000,000) which constitutes down payment and intermediate payment out of the above sales price, on the day of the conclusion of the instant sales contract.
Meanwhile, before entering into the instant sales contract with the Defendant, the F paid the Defendant the down payment of KRW 5,00,000,000 to the Defendant. However, D paid KRW 5,000,000, which was received from C, to F, and agreed to cover KRW 5,00,000, which was paid by F to the Defendant and the Defendant as the down payment of the instant sales contract.
(i) In other words, F entered into a sales contract with the Defendant for the instant land and paid the Defendant a down payment of KRW 5,00,000 to the Defendant, but thereafter, F was replaced by F from F to C as the said purchase was renounced). In addition, D remitted the remainder of KRW 17,00,000 out of KRW 22,00,000 received to C to the Defendant on the date of the conclusion of the instant sales contract, to the Defendant on the date of the conclusion of the instant sales contract, but the remittance was made in the name of F.
C. Around August 23, 2007, C had D pay the said money as remainder of the purchase price for the instant land, as D. D. D, only KRW 30 million on the same day, and the remaining KRW 2,000,000,000 was paid later to the Defendant through G.
As such, although C paid the price under the instant sales contract to the Defendant, the Defendant did not perform the obligation to transfer the ownership of the instant land to C, which is a representative, C through D.