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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a partnership for a housing redevelopment project, and the plaintiff is a member of the defendant.
B. On July 25, 2014, the Plaintiff entered into a sales contract with the Defendant with regard to the purchase price of KRW 323,500,000 with respect to the entirety of the above site and the above site buildings and obstacles (hereinafter “instant one real estate”).
C. On July 25, 2014, the Plaintiff entered into a sales contract with the Defendant with respect to the entirety of the buildings and obstacles on the land of the Dongdong-gu, Busan and 154 square meters of land and the above site (hereinafter “instant two real estate”), and the entirety of the buildings and obstacles on the land of Busan and the above site (hereinafter “instant three real estate”) with respect to the instant one and the instant real estate, the purchase price of which is KRW 476,50,000,000.
On January 15, 2017, the Plaintiff entered into a contract with the Defendant for the change of the sale price of KRW 235,000,000 for the instant real estate (hereinafter “instant sales contract”).
E. On December 25, 2016, D entered into a contract with the Defendant for the change of the sale and purchase price of KRW 265,000,000 with respect to the instant real estate (hereinafter “instant two sale and purchase contract”).
F. On January 25, 2017, D entered into a contract with the Defendant for the change of the sale and purchase price of KRW 450,000,000 for the instant three real estate (hereinafter “instant three sale and purchase contract”; and, collectively, “each of the instant sales and purchase contracts” was collectively referred to as “each of the instant sales and purchase contracts”).
G. The Defendant paid the Plaintiff and D the purchase price for each of the instant real estate, and completed the registration of ownership transfer in the name of the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence 2-3, Eul evidence 1-1, 2, 3-2, 4-4-2, 4, 5-2, 4-4, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion.