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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. The land in this case was originally owned by G, H, and I (each of 1/3 shares) with 27m2, D forest land 481m2, E forest land 52m2, and F forest land 95m2 (hereinafter “instant land”). The Defendant purchased 2/3 shares of the instant land from G and H on April 1, 1998, 1/3 shares from May 1, 1998, 1/3 shares of the instant land (total sale price of 240,000,000), and completed the registration of ownership transfer on May 6, 1998 and May 18, 198, respectively.
B. On May 27, 1998, the Defendant completed the registration of creation of a mortgage on each of the instant land set forth in Nos. 1 and 260,000,000, the maximum debt amount as the obligor's Japanese Pharmacopoeia Co., Ltd., and Gwangju Bank. On the same day, the Defendant completed the registration of creation of a superficies set forth in Gwangju Bank Co., Ltd. No. 3 with respect to the said land.
On August 20, 1998, the Defendant borrowed KRW 340,000,00 from the Gwangju Bank on August 20, 1998 on the basis of the registration of establishment of a neighboring mortgage and the registration of creation of a superficies.
(hereinafter “instant secured loan”). C.
In order to pay the purchase price of the instant land, G, H, and I expressed an intention to cancel the said purchase and sale contract against the Defendant, with the face value of KRW 240,00,000 issued by the Defendant to G, H, and I, and the per share of June 15, 1998 issue date, and the Defendant did not pay the above purchase price.
G, H, and I filed a lawsuit against the defendant and Gwangju Bank in this Court against the defendant and Gwangju Bank, seeking the transfer of ownership, the registration of establishment of neighboring superficies, and the cancellation of the registration of creation of superficies, on June 9, 199, "1. defendant B, the plaintiff G, and H, completed on May 6, 1998 as the receipt of No. 23346 of the North Korean Mineju Registry on May 6, 1998, and the plaintiff I with respect to the one-third portion of the land in this case.