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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. Basic facts
A. Defendant Foundation and Defendant D operated a charnel house (hereinafter “instant charnel”) with the trade name “E” from each real estate listed in the separate sheet owned by the Defendant Foundation (hereinafter “instant real estate”).
Pursuant to Article 15 of the Act on Funeral Services, Etc., the instant charnel has completed a report on the establishment in the name of the association of F Religious Organizations G (a church established by the Defendant Foundation; hereinafter referred to as the “G church”).
B. On May 29, 2009, the Defendants sold to the Plaintiff all of the facilities established in the instant charnel, including the instant real estate and the 18,000 dule, for KRW 9 billion (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows. ① The Plaintiff shall pay the Defendants a sum of KRW 900 million on the date of the instant contract, KRW 2.7 billion in total, KRW 1.8 billion in the intermediate payment, KRW 2.3 billion in the intermediate payment until August 7, 2009, and KRW 4 billion in the remainder until September 10, 2009. ② The Defendants shall deliver to the Plaintiff the Plaintiff the certificates of rights within five days after the payment of the down payment and the intermediate payment, which are the certificates of rights to install cremation in the instant charnel in the form of the instant charnel within five days after the payment of the down payment and the intermediate payment. At the same time, the Defendants shall deliver to the Plaintiff the remainder of KRW 4,50 in the form of the instant sales contract, KRW 3,500 in the form of the double payment, and KRW 10,000 in the form of the remainder payment and the remainder payment. ③ At the same time, the Defendants shall transfer the ownership of the instant charnel in the name of the Plaintiff and the Defendants.