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1. The plaintiff's main claim against defendant B is dismissed.
2. The plaintiff defendant B.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. acquires the ownership of Defendant C and the security trust contract between the Defendants completed the registration of ownership transfer on May 25, 2016 on the land D, E, F, G, and H (hereinafter “I-owned land”) for sale on October 15, 2015.
On the same day, Defendant C entered into a real estate security trust agreement with Defendant B Co., Ltd. as the first beneficiary of J Co., Ltd with respect to the land and building on the land and the ground (hereinafter “instant trust agreement”) and completed the registration of ownership transfer based on the trust in Defendant B.
B. On June 9, 2016, the Plaintiff and Defendant C entered into a sales contract (hereinafter “instant sales contract”) with the effect that some of 374 square meters of the sales price of Chuncheon City D, E, F, and H included in I Dong land was KRW 350 million (a contract deposit and intermediate payment shall be paid on February 2, 2016 and March 24, 2016), and that the remainder shall be paid on December 9, 2016 (hereinafter “instant sales contract”).
The Plaintiff did not pay the remainder of KRW 250 million to Defendant C until December 9, 2016, which is the remainder payment date of the instant sales contract.
[Reasons for Recognition] Facts without dispute, Gap 1, 8 to 12, Eul 2, the purport of the whole pleadings
2. As to the claim against the defendant C
A. 1) The Plaintiff’s assertion 1) concluded the instant sales contract with Defendant C. As such, Defendant C received the remainder of the sales price of KRW 359,491,979 from the Plaintiff and simultaneously received land indicated in the attached Table (hereinafter “instant part of land”).
(2) Defendant C’s assertion did not perform the obligation to pay the purchase price pursuant to the instant sales contract, and Defendant C rescinded the instant sales contract on the ground of the Plaintiff’s nonperformance of such obligation.
Accordingly, Defendant C.