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1. The plaintiff's primary claim against the defendants is dismissed, respectively.
2. The Plaintiff, Defendant B, and Defendant B, KRW 7,980,487.
Reasons
1. Basic facts
A. 1) The construction contract and sales contract was concluded by the Plaintiff’s ASEAN, and around October 2004, the F, the Plaintiff’s ASEAN, was awarded a new construction contract for the wife population H building from G, and around October 2004, the H subcontracted the Changho Construction to Defendant B, the husband of Defendant C, respectively. 2) The F, with the consent of the Plaintiff, provided that in lieu of the payment of the said construction contract, the F, with the consent of the Plaintiff, a part of the said construction contract, divided into 3,035 square meters (hereinafter “land before division”).
Accordingly, on December 22, 2004, the Plaintiff entered into a sales contract with Defendant B on the purchase price of KRW 86,000,000 with respect to 630 square meters of the land prior to subdivision. Of the purchase price, 60,000,000 of the purchase price shall be substituted for the unpaid construction cost, and the remainder shall be paid in lieu of the maximum debt amount, and the remainder of the land prior to subdivision shall be paid in lieu of the purchase price, which shall be paid in lieu of the unpaid construction cost, the debtor, the National Agricultural Cooperative Federation of Korea (hereinafter “Agricultural”), the debtor, the debtor, and the debtor, the United Nations 17,367,00,00 of the actual loan amount, and on November 1, 200 of the loan date, the repayment date shall be the "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed.
(C) On May 26, 2005, the Plaintiff’s land before subdivision was made pursuant to the instant sales contract (hereinafter “instant sales contract”). Under the instant sales contract, on May 26, 2005, the Plaintiff: (a) was 660m2 and 630m2 (hereinafter “instant land”).
(A) E large scale E 580 square meters (hereinafter “instant land”)
(2) Each of the instant areas was divided into a large scale of 580 square meters and a large scale of 18 square meters (the land category is changed to a road thereafter) (hereinafter the instant case).