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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 June 5, 2008, the Plaintiff, C, D, and E (hereinafter “Plaintiff, etc.”) entered into a sales contract with F on June 5, 2008 with the content that: (a) the Plaintiff, etc. sold to F the total area of 455 square meters in G, H forest land, 1,488 square meters in lots, and 918 square meters in neighboring each of the above land, which was actually used as a road; (b) the total area of 262 square meters in G, 558 square meters in K forest, and 465 square meters in total of 1,638 square meters in L, forestry, and 818 square meters in lots (hereinafter collectively including approximately 140 square meters in total; hereinafter the above six parcels, collectively referred to as “each of the instant parcels of land”); and (c) the sales price was paid as a lump sum payment on June 5, 2008.
(hereinafter “instant sales contract”). B.
On June 5, 2008, F did not register the transfer of ownership in the name of F with respect to each of the instant lands. With respect to each of the instant lands, F, the maximum debt amount is KRW 429 million, the debtor, the mortgagee and the mortgagee, after completing the registration of the establishment of a neighboring mortgage against the defendant, borrowed KRW 330 million from the defendant, and on June 5, 2008, the F and the mortgagee paid KRW 420 million, including the above loan, to the plaintiff, etc. for the full payment of the purchase price under the instant sales contract.
C. The F developed each of the instant lands as a housing complex for electric power generation, and purchased them for the purpose of gaining profits from selling them. In order to implement the development project, F must change the purpose of permission for diversion of farmland from the warehouse site to the housing site, and need to pay expenses and time, and the name of the owner was left in the name of the Plaintiff, etc. without completing the registration of ownership transfer in the F.
F on September 10, 2008, the maximum debt amount is KRW 78 million with respect to each of the instant lands, and the debtor, F and mortgagee, completed the registration of creation of a neighboring mortgage against the defendant, and was additionally loaned KRW 60 million with respect to each of the instant lands from the defendant.
E. Of each of the instant lands, the registration of creation of a neighboring mortgage against the said G, K, and I with respect to each of the instant lands, the maximum debt amount of KRW 429 million on March 27, 2009, M&W, the debtor, and the mortgagee.