beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 1, 2009, the Plaintiff loaned KRW 50,000,00 to D on February 1, 2010, with the due date set as KRW 50,000,000, and thereafter, on February 9, 2010, the Plaintiff called “Lel” and its ground buildings (hereinafter collectively referred to as “Lel”).
2) As to the sales contract (hereinafter “instant sales contract”)
(2) Upon entering into the sales contract, the Plaintiff and D asserted the invalidity of the above sales contract on the grounds that the Plaintiff’s legal relationship in the Late is complicated, on the following grounds: (a) paid KRW 50,000,000 to D on February 11, 2010; and (b) paid KRW 100,000 in total to D on February 11, 2010; and (c) paid KRW 100,000 as the sales price of the instant sales contract.
D The Plaintiff agreed to return KRW 100,000,000 received from the Plaintiff until April 30, 2010, but did not return it.
3) On December 21, 2010, the Plaintiff filed a lawsuit against Cheongju District Court 2010Kadan32214 against Cheongju District Court, and on May 12, 2011, the Plaintiff adjusted that “D shall pay KRW 100,000,000 to the Plaintiff by December 31, 201” (hereinafter “instant conciliation”).
B. The Plaintiff’s application for compulsory auction and distribution 1) The Plaintiff applied for compulsory auction on the instant real estate owned D to Cheongju District Court E according to the instant protocol of mediation, and the auction procedure (hereinafter “instant auction procedure”) was conducted according to the said court’s decision to commence compulsory auction.
2) However, with respect to the instant real estate on February 19, 2010, the registration of the establishment of a mortgage of KRW 100,000,000 on the ground of the mortgage contract concluded on February 18, 2010 under Defendant B’s name, and the registration of the establishment of a mortgage of KRW 35,000,000 on November 11, 2010, based on the same day-based mortgage contract under Defendant C’s name, was completed respectively (hereinafter referred to as “D”).