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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. Defendant G, H, and J 8250/437/420 of each of the following 4305/437/4300 of Defendant B, E, and D 240350 of each of the instant real property, except for L land, 82189/189- Defendant I 240350/20 of each of the instant real property, 206/437/207 of Defendant C, F, respectively;
A. The Plaintiff is a company with the purpose of the wholesale and retail business of automobile glass. The Defendants are co-owners of the area of 6810 square meters (hereinafter “L land”) prior to Busan Gangseo-gu L, Gangseo-gu, Busan. The Defendants are Defendants B, C, E, D, F, and K, Mbu-304 square meters, 1428 square meters prior to N, 34 square meters prior toO, 154 square meters prior to P, Qbu-15 square meters, 926 square meters, and their ownership shares as co-owners of each of the instant L land (hereinafter “each of the instant real estate”), and their ownership shares are as listed below.
B. On December 12, 2016, the Defendants concluded a real estate sales contract with the Plaintiff on the purchase price of L, Q land among each of the instant real estate, KRW 4.9 billion, KRW 4.9 million for the remainder payment, and KRW 4.9 million for the remainder payment without intermediate payment (hereinafter “the first sale contract”). On the same day, the Defendants concluded a real estate sales contract with R on June 12, 2017 for each of the instant real estate with the content that the purchase price was KRW 1.7 billion for each of the instant real estate, KRW 170 million for the remainder payment, and the intermediate payment was sold on June 12, 2017 (hereinafter “the second sale contract”).
On the same day, the Plaintiff and R respectively paid 490 million won and 170 million won to the Defendants as down payment under the First and Second Sales Contracts.
C. On February 13, 2017, the Plaintiff paid KRW 800 million to the Defendants as part payments.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 8, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff filed the instant claim on the premise that the party to the second sales contract was changed to the Plaintiff. 2) According to the evidence No. 7, the Plaintiff’s statement as to the evidence No. 7 was examined.