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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. The following facts are either in dispute between the parties or in respect of Gap evidence 1 to 5, 12, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 3-1, 2, or 3-1 and 2, or may be recognized in full view of the whole purport of the pleadings, or are remarkable in this Court.
Defendant D and Defendant B’s sales contract was concluded on September 2015, 2015, Defendant D and Defendant B sold the instant land and F large-scale one square meter to Defendant B for KRW 5.2 billion. However, the sales contract was concluded where Defendant B succeeded to Defendant D’s obligation to Defendant D’s G association and is paid the remainder of KRW 1 billion (hereinafter “instant sales contract”).
In addition, on each of the above lands, a construction project execution contract was entered into with the execution of a new construction of a main complex building with a total floor area of 4,104.94 square meters on each of the above lands. Defendant B entered into an agreement with Defendant D to preferentially pay KRW 400 million for the payment of the remainder of the purchase price of the first sale contract of this case, and later pay KRW 200 million for the remainder of KRW 400 million, and the remainder of KRW 400 million was agreed to sell part of the new building to a designated person by Defendant D, and the interest on the above G association’s debt was also paid by Defendant B.2) on October 29, 2015, Defendant B completed the registration of ownership transfer claim on October 29, 2015 by the Seoul Northern District Court of Seoul, Seoul District Court’s receipt No. 119592, Oct. 29, 2015.
(hereinafter “the provisional registration of this case”) b.
Defendant D and Defendant C entered into an auction procedure on February 25, 2016, only when Defendant B paid Defendant D’s debt of KRW 116,213,410, and interest 50,000,000 to G unions, etc. on or around October 15, 2015, Defendant D and Defendant C entered into the auction procedure on or around October 15, 2015, on the ground that the auction procedure started due to Defendant B’s failure to perform the obligation to pay interest, etc. to G unions for the lapse of four months.