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1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B.
Reasons
1. Facts of recognition;
A. A. Around November 2001, the Plaintiff entered into a sales contract with Defendant B and the Plaintiff as the seller and the seller of Defendant B with the purchase price of KRW 1.5 million for the real estate indicated in the attached Table (the indication of real estate) among the apartment houses newly built by Defendant B (hereinafter “instant loan”). The Plaintiff paid the Defendant B the down payment of KRW 20 million on the date of the contract, the down payment of KRW 20 million on November 10, 2001, and the intermediate payment of KRW 50 million on or around November 10, 2001, and the remainder shall be replaced with the loan and paid simultaneously with the transfer of ownership in the name of the Plaintiff.
B. The Plaintiff received the instant loan from Defendant B on November 2001, and resided in the said loan from around that time. D around March 15, 2008, sold the above loan amounting to KRW 185 million to Defendant B, and delivered the above loan amounting to KRW 185 million to Defendant B on April 2008, and thereafter D resides in the above loan amount from around that time.
C. Meanwhile, as to the instant loan, the registration of ownership transfer in the name of E, F, and G was completed at the ratio of 1/3 shares on May 28, 2004, and the shares of E on July 17, 2008 were transferred to F and G, respectively. After Seoul High Court Decision 2015Na1252 (main office) and 2015Na1269 (Counterclaim), the registration of ownership transfer was concluded between Defendant B and F and B on May 6, 2015 with respect to the shares of 3/6 shares of each of the above loan to Defendant B on June 28, 2002. Accordingly, the conciliation was concluded to the effect that the registration of ownership transfer in the name of the Defendant B was completed on June 23, 2015.
Around June 5, 2015, Defendant B entered into a sales contract with Defendant C, which is one of the children of H, who participated in the construction of the said apartment house and the sale of the said apartment house, and with Defendant C, with the price of KRW 180 million for the instant loan. On June 23, 2015, Defendant C completed the registration of ownership transfer with respect to the said loan in the name of Defendant C. However, on the sales contract column, Defendant B entered into the said sales contract, with the payment of KRW 20 million for the intermediate payment and KRW 140 million for the sales contract.