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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The former Savings Bank (hereinafter “former Savings Bank”) is a creditor who holds a claim for a loan of KRW 5,498,916,835 (as of November 29, 2013) against C&P Co., Ltd. (hereinafter “C&P”).
B. On February 23, 2012, Jeonju Bank was declared bankrupt by Jeonju District Court 2012Hahap2, and the Plaintiff was appointed as a trustee in bankruptcy.
C. On May 4, 2010, the Defendant purchased 1,339.5 square meters of the site of the gas station in Gangnam-gu, Seoul (hereinafter “instant real estate”) from the Defendant, Gangnam-gu, Seoul, for KRW 28.5 billion, and the down payment of KRW 2.85 billion on the day of the contract, the intermediate payment of KRW 2.85 billion on the day of the contract, and the intermediate payment of KRW 2.85 billion on May 25, 2010, the remainder of KRW 22.8 billion is to be paid within ten days from the date when the Defendant performed a special agreement, such as removing obstacles to the said real estate installed, conducting a detailed investigation into soil contamination, etc.
(hereinafter “instant sales contract”). C. C. C.P. paid the down payment and intermediate payment to the Defendant.
C. On October 18, 2010, the Defendant confirmed that the Defendant fulfilled all of the terms and conditions set forth in the instant sales contract, but the Defendant entered into a contract on October 29, 2010 for the change of the payment period until November 26, 201, instead of increasing the balance of 180 million won on October 29, 2010.
(hereinafter “instant modified contract”). However, C&P did not pay the remainder until November 26 of the same year.
On December 15, 2010, the Defendant notified Clasp that the instant sales contract would be rescinded. D.
C. The registration procedure for cancellation of ownership transfer registration of the instant real estate is unlawful on the ground that the cancellation of the instant sales contract is unlawful with respect to the wrapping Holdings Co., Ltd., which purchased the instant real estate after its primary cancellation, and completed the registration of ownership transfer, and the instant sales contract against the Defendant.