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1. All claims filed by the Plaintiff (Appointed Party) and the Appointed C against the Defendant are dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On November 22, 2017, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and his son C (hereinafter “Appointed”) set up a sales contract separately with the Plaintiff, the Plaintiff’s sole ownership of the Plaintiff, E field No. 628 square meters, E field No. 628 square meters, F field No. 792 square meters (hereinafter “instant land”) 72,1 million won (the Plaintiff’s purchase price of KRW 643,50,000, 77,500,000), and the Plaintiff and the Appointed, respectively.
In selling (hereinafter “instant sales contract”), the following agreements were made:
“(1) The remainder of KRW 61 million shall first be the ownership transfer, and the remainder shall be paid simultaneously with the authorization and permission for construction of the instant land. ② The amount of KRW 149 million out of KRW 610,000,000 to the Plaintiff shall be the acquisition by G for H Bank’s obligations to H Bank; and the remainder of KRW 461,00,000,000 shall be the amount of KRW 665,000,000 to G for I and 665,000 square meters (hereinafter “Yananan-gu Land”).
2) The sales contract shall be substituted by the preparation and delivery of the sales contract in which the sales price of the 4-household (K, L, M, and N) under construction on the ground is fully paid.
B. By December 6, 2017, G paid KRW 199,000 to the Plaintiff and the Selection, and paid KRW 52,200,000,000 to the purchase and sale remaining at each face value of KRW 61,000,000 and KRW 46,100,000,000 withO on the same day, were notarized by issuing two copies of promissory notes at each face value (No. 579,580, 2017 PP office of the notary public). As to the instant land, the registration of transfer of ownership was completed on the ground of the instant sales contract as stipulated in Articles 7648 and 76649 of the receipt of the ASEAN Branch Branch of the Daejeon District Court, which received by the Defendant on December 4, 2017 (hereinafter “instant mortgage contract”).