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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under the underlying facts, facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 through 4, 7, 8, 12 through 15, 17, 38, 40, 41, Eul evidence Nos. 20 to 24, 28, 29 (including each number, if any).
On November 22, 2012, the Defendant acquired ownership by winning a successful bid for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the Changwon District Court C real estate auction procedure, and completed the registration of ownership transfer based on international trust corporation (hereinafter “international trust”) on the same day.
B. On January 31, 2013, the Defendant entered into a contract to sell each of the instant real estate in KRW 10.3 billion with the Korea Transport Service Co., Ltd. (hereinafter “Hab Industry”), and the Korea Transport Service Industry paid only KRW 500 million out of the down payment of KRW 1 billion to the Defendant and did not pay the remainder. Accordingly, the Defendant entered into a contract to sell each of the instant real estate to D on March 13, 2013 (the date of preparation of the contract, March 22, 2013), and did not pay the remainder after paying only D deposit.
C. Upon the Plaintiff’s request, the Defendant: (a) rescinded the sales contract on June 14, 2013 and January 31, 2013; and (b) sold each of the instant real estate to E Co., Ltd. (hereinafter “E”); and (c) concluded a sales contract and an agreement with E (hereinafter “Agreement with E”) on the following terms and conditions: (a) the down payment, out of the sales price, shall be substituted for KRW 500 million, paid from the sub-industry; and (b) the down payment, out of the sales price, shall be substituted for KRW 500 million; and (c) concluded a sales contract with E:
(The date of the establishment of a sales contract and the date of entry into force of the contract are stipulated on June 26, 2013). The first intermediate payment and the remainder amount of KRW 9.5 billion shall be paid by September 26, 2013.
Article 2. The seller shall receive any balance of the real estate from the buyer at the same time.