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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 December 21, 2005, each of 3/4/4 shares on December 21, 2005, among the 1,669 square meters prior to C, 99 square meters prior to D, and 1,395 square meters prior to E (hereinafter referred to as “C land”) in Jeju-si, Jeju-do, each of the instant land and its adjacent thereto, the registration of ownership transfer was completed on December 19, 2005 under the name of the Plaintiff, and each of 1/4 shares on December 19, 2005 under the name of F.
B. As regards land C after July 21, 2014, the same year as that for land C
9. As to shares 169/10207 and shares 34152/40828, the registration of ownership transfer in the name of the defendant was completed on the ground of sale or partition of co-owned property.
With respect to D land, the registration of transfer of ownership was completed on September 15, 2014 due to sale in G name, and on December 2, 2015, the registration of transfer of ownership was completed on the ground of sale in the Defendant’s name.
With respect to land E, on October 23, 2014, the registration of transfer of ownership was completed on the ground of sale in the name of the defendant's birth under H.
C. On December 1, 2015, the Defendant purchased each of the instant land from the Plaintiff for KRW 200,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on December 28, 2015.
On September 16, 2013, the right to collateral security was established in the name of the Plaintiff and the debtor at KRW 208,000,000 (hereinafter “I”). However, on January 13, 2016, each of the instant lands and land C, D, and E after the instant contract was concluded, the right to collateral security was established in the name of the debtor and the debtor at KRW 600,00,000, with regard to each of the instant lands and land at KRW 600,000, and on February 17, 2016, the right to collateral security was cancelled as of September 16, 2013, where the debtor was the Plaintiff.
From January 13, 2016 to March 22, 2016, the Defendant deposited a total of KRW 193,331,340 in the Plaintiff’s account as the purchase price of each of the instant land.
E. On June 24, 2016, the Plaintiff and the Defendant: (a) the termination of the instant sales contract under the name of the Plaintiff and the Defendant; and (b) the first day of the termination of the contract.