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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. On September 7, 2011, with respect to the land of Gwangju City, a sales contract consisting of KRW 300,000,000 for the seller, buyer D, sales price, and KRW 300,000 was prepared. The method of paying the sales price is as follows.
- KRW 100,000,000, out of loans executed on the above land - the buyer succeeds to the down payment of KRW 50,000 - the intermediate payment of KRW 150,000,000, out of the remainder of KRW 150,000,000,000, out of the loan executed on the above land - the buyer’s transfer of ownership at the same time as the transfer of ownership, and the seller shall pay KRW 50,000,000 by November 30, 201, on the condition that the seller receives payment from the Plaintiff.
B. On September 14, 201, a sales contract concerning the land of Gwangju City, E,F, and G was prepared on September 14, 201 with the purport of KRW 600,000,00 for the seller’s purchase price, and the method of paying the purchase price is as follows:
(hereinafter referred to as the “each of the instant lands” in total, and the individual land is specified as ever) - Of the loans executed on the said land, KRW 200,000,000, the buyer succeeded to - the down payment of KRW 100,000,000, while performing additional loans at the same time as ownership transfer, and the intermediate payment of KRW 100,000,000 is paid by October 30, 201 - The remainder payment of KRW 200,000 shall be paid by the seller until October 30, 201 - The seller shall pay at the same time after completing the alteration of the permission to engage in the development of the instant G land in his name.
C. The instant case 240 and G land were the ownership transfer registration under J’s name. However, on October 21, 201, the ownership transfer registration for the instant land 240 was completed in the name of D, and on the same day, the ownership transfer registration for the instant G land was completed in the name of H.
On November 28, 2011, the instant land was transferred under the name of the Defendant, and on May 16, 2013, the ownership transfer registration under the name of K was made.