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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the real estate (190 square meters) among the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) between Defendant B and Defendant B on March 8, 2018, the Plaintiff paid 85,500,000 won for the remainder of the down payment for the sales price of KRW 87,500,000 at the time of the contract under the following terms:
(b) to discount 2% (1,710,000 won) of the total purchase price when the balance is paid in full by March 15, 2018.
(b).
(2) On March 26, 2018, the Plaintiff: (a) paid Defendant B the remainder of KRW 75,790,000,000, out of the down payment under the first sale contract; and (b) paid KRW 75,790,000 (= KRW 77,500,000 - KRW 1,710,000), which was discounted pursuant to the first sale contract director’s special director, on March 12, 2018; (c) on March 26, 2018, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s share of KRW 628/13628, out of the real estate first sale contract.
As to the real estate sales contract (hereinafter “second sales contract”) with the following terms and conditions:
The contract was concluded.The remainder of the sales price and the intermediate payment of KRW 95,000,000 shall be KRW 50,000,000,000 when the contract was made, 2% (1,90,000,000 won) of the total sales price when the remainder is fully paid until April 16, 2018, the special case for payment of KRW 35,000,000,000 was paid on April 16, 2018.
B. On March 28, 2018, the Plaintiff paid KRW 3,000,000, out of the down payment pursuant to the Class II sales contract, to Defendant C on April 2, 2018, and paid KRW 50,000,000 for the intermediate payment of KRW 50,000 on April 9, 2018. On May 10, 2018, the Plaintiff paid KRW 33,100,000 for the remainder amount discounted pursuant to the Class II sales contract special director (= KRW 35,00,000 - KRW 1,900,000).
Defendant C completed the registration of ownership transfer on September 3, 2018 to the Plaintiff on September 3, 2018
However, the second real estate is owned by Defendant B and is owned by Defendant B to the Plaintiff.