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1. The cancellation of the part against Defendant B and C among the ancillary claims for the judgment of the first instance, and the cancellation part.
Reasons
1. Basic facts
A. The Plaintiff, including the status of the party, is a person who operated saba in the name of “I” from Yangcheon-gu Seoul Metropolitan Government F and H apartment underground 1 and 2 (hereinafter “instant real estate”) owned by the Plaintiff. Defendant E, the wife of Defendant C, B, and Defendant B, was a director of the J Co., Ltd. (hereinafter “J”), and Defendant D is a person of Defendant B’s leakage.
B. The instant sales contract and the instant agreement 1) The Plaintiff sold on June 22, 2005, the real estate of this case to K on June 22, 2005, while the Plaintiff operated I. However, in part of the remainder, K is a loan obligation to the Plaintiff’s L Bank and a collateral security (hereinafter “mortgage security”) in the name of L Bank established on the instant real estate.
(1) the secured loan obligation of KRW 3.35 million (hereinafter “instant loan obligation”)
(2) The Defendant B, who became aware of such fact, recommended the Plaintiff to sell a letter letter to the Plaintiff, without accepting any proposal presented by the L Bank on the assumption of an obligation, including the down payment. However, K demanded the termination of the contract with the Plaintiff and the return of the down payment already paid. (2) The Defendant B, who became aware of such fact, recommended the Plaintiff to sell the letter letter to the Plaintiff.
Defendant B, along with Defendant C, who is the representative director of J, requested sale to the Plaintiff with the proposal that “The sales would increase if the remodeling works are to be performed in I, all existing service tenants will be present and new service tenants shall be recruited, and the deposit for the existing service tenants shall be returned to K with the lease deposit received from them, and the amount of the installment repayment of the loan obligations to L Bank and the interest interest shall be appropriated as well as the remodeling construction cost.” The Plaintiff received the proposal from Defendant B and C.
3. Accordingly, the plaintiff cancelled the above sales contract with K and received by the plaintiff.