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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. C and the Defendant entered into a sales contract as of February 27, 2014, 1) C are to specify the land of this case only once, when the land of this case is collectively named as “land of this case” and each of the said land is added to “each of the instant land”.
2) On April 4, 2013, the right to collateral security (hereinafter “mortgage”) established on D land and E with the maximum debt amount of KRW 455 million, the debtor H, and the right to collateral security (hereinafter “mortgage”) established on April 4, 2013.
3) On February 27, 2014, the Defendant purchased each of the instant land from C for KRW 800 million (hereinafter “instant sales contract”) in order to newly build three households (3 households) and one commercial house (24 households), respectively, on each of the instant land (hereinafter “instant sales contract”).
(4) Under the instant sales contract, KRW 20 million, out of the purchase price of KRW 800 million, was paid simultaneously with a contract, and the first intermediate payment of KRW 20 million was paid on March 5, 2014; at the same time, the provisional registration is set aside against the Defendant; on April 4, 2013, the second intermediate payment was decided to take over and pay KRW 350 million in lieu of the payment of intermediate payment; and the remainder amount of KRW 410 million was paid within 20 days after completion of the contract. The Defendant, setting the provisional registration under the name of the Defendant, paid KRW 20 million and KRW 20 million for the first intermediate payment of KRW 20 million and KRW 20 million for the first intermediate payment of KRW 20 million for the instant real estate; and the Defendant, upon completion of the agreement on the establishment of the provisional registration and the settlement of ownership transfer registration for each of the instant real estate under the name of the parties to a civil lawsuit on February 27, 2014.
(B) No. 6-1) 2C provides a contract to establish a contract on August 18, 2014 with respect to each of the instant land to J on August 19, 2014.