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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. On October 6, 2016, the Plaintiff concluded a sales agreement with C (hereinafter referred to as “C”) on the sales agreement with respect to the total number of heading 19 units E through F among the buildings of Pyeongtaek-si Dtel (hereinafter referred to as “instant officetels”, and the individual heading units are specified as housing units) to KRW 7,175,000,000, the down payment amount is KRW 100 million, and where the Plaintiff pays part of the remainder, the Plaintiff entered into a sales agreement with the Plaintiff to transfer ownership in succession by dividing the number of units designated by the Plaintiff.
(hereinafter “instant primary sales contract”). A purchaser’s purchase price (unit: unit) as of the date of concluding a contract is K on October 18, 2016, HS No. 445,144,870 G M on September 26, 2016, No. 507,472,200 H (except as of September 26, 2016) 478,647,70 IO No. 481,880 on October 18, 2016, and No. 80 J. 478,647,700 on September 26, 2016
B. After that, C concluded a sales contract with a buyer who is not the Plaintiff regarding the instant officetel E, G, H, I, and J as described below.
C. The Defendant purchased the instant officetel E, G, H, I, and J, respectively entered into a loan contract (hereinafter “the instant primary loan contract”) and mortgage contract with the lender as listed below, and remitted the entire amount of the loan to the account in the name of the lender.
The maximum amount of loan (unit: 00,000,000 per annum on October 26, 2016, K 5.5% per annum on October 26, 2016, 26, 50,000,000 E L on October 26, 2016, 5.5% per annum on October 26, 2016, 00,000,005% per annum 6.5% per annum on October 26, 201, 00, 000, 005, 00,000 (unit: 0. 50,000,000,000,000, 000, 05,000, 6. 6. 5% per annum on October 26, 205, 200,000, 00,000, 6. 6. 16, 2005
D. On October 2016, the Plaintiff: (a) from the limited liability company P (hereinafter “P”) around 2016, Q apartment (hereinafter “instant apartment”); (b) Jeonnam-do, Q apartment (hereinafter “instant apartment”); and (c) specify individual heading rooms as housing units.