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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 May 23, 2012, Defendant C entered into a real estate sales contract with D as follows (hereinafter “instant sales contract”); Defendant B paid KRW 48 million to D on May 23, 2012 and May 24, 2012, of the down payment stipulated in the instant sales contract, and the intermediate payment of KRW 250 million as stipulated in the instant sales contract on June 15, 2012.
Real estate indication: 1/2 of the sales price of the buildings E, F, and G-based in Seoul Special Metropolitan City: D: The sales price of KRW 80,000,000,000,000 after payment of the intermediate payment of KRW 250,000,000,000,000 on June 15, 2012. The payment shall be made on June 30, 2012.
B. While Defendant C was unable to pay the balance under the instant sales contract by the due date, Defendant C entered into an agreement on the waiver of rights (hereinafter “instant waiver agreement”) with Defendant B on August 23, 2013 with the effect that “one person” was identified as Defendant B, and waiver of all the powers pertaining to the instant sales contract, and transfer it to Defendant B” (hereinafter “instant waiver agreement”). Accordingly, Defendant B and D entered into the rescission agreement with Defendant B on August 23, 2013 that “The instant sales contract was rescinded and D shall refund KRW 298 million to Defendant B (hereinafter “instant rescission agreement”).
C. On the other hand, on April 4, 2013, based on the executory exemplification of the judgment in the Seoul Central District Court 2007Gahap4337, the Plaintiff received a claim for the refund of the purchase price due to the cancellation of the instant sales contract against Defendant C, from the Jung-gu District Court 2013TT 5606 (hereinafter “instant seizure collection order”), and D deposited KRW 298 million with the Government District Court 2932,50 million as the principal deposit on May 29, 2014, by designating the Defendant B or the Defendant C as the principal deposit.
【Ground of recognition” has no dispute, Gap's 1 through 3, and Eul's 1 through 5.