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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. Facts of recognition;
A. On November 2, 2011, the Plaintiff sold D & 488 square meters (hereinafter “instant land”) to Defendant B at KRW 148,800,000,000 (hereinafter “instant sales contract”); and “A approximately 8 square meters and approximately 20 square meters of F land necessary for the consent to use the road at the Gyeongnam-do, Gyeongnam-do,” among the instant land, entered into a special agreement with Defendant B (hereinafter “instant special agreement”); and the Defendant C, who was the broker, has acquired the status of purchaser of 1/2 of the instant land according to an agreement with the Plaintiff and Defendant B, and the Plaintiff completed the registration of ownership transfer with respect to each of the aforementioned shares of the Defendants on January 4, 2012.
(hereinafter referred to as “Defendant C” if it is not necessary to add Defendant B and Defendant C in consideration of the fact that Defendant C had the status of joint purchaser. (b)
On November 2, 2011, the Defendants paid KRW 20 million to the Plaintiff as the down payment, and thereafter, succeeded to KRW 115 million out of the loans borrowed from the new agricultural cooperative from the new agricultural cooperative by providing the instant land as a joint security with another land and succeeding the same as the intermediate payment, and excluded it from the joint security, and paid KRW 5 million as the remainder, thereby paying KRW 120 million as the purchase price under the instant sales contract.
C. On November 2, 2011, the Plaintiff sold a total of KRW 8,071 square meters of land E, I, and J forests (hereinafter “instant adjoining land”) in KRW 1,34,250,000,000,000,000 to G and H, and around that time, the Plaintiff completed the registration of ownership transfer for each of the said land in the name of G and H.
On the other hand, on November 3, 2011, the Defendants issued a written consent for land use to G and H, which purchased the adjoining land of this case from the Plaintiff, about 8 square meters among the instant land and about 6.11 square meters among 76.1 square meters among 739 square meters in Gyeongnam-do, Gyeongnam-do and Defendant C-do.
【Ground for Recognition】 Class 1, 2, 3.