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1. The plaintiff's primary claim shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. (1) On September 8, 2003, the Plaintiff completed the registration of ownership transfer with respect to DJ 651 square meters on September 15, 2003 due to trade on September 8, 2003.
D. On July 19, 2004, the above real estate was changed to the area of 651 square meters (hereinafter “instant land”).
B. (1) On November 7, 2011, Cheongju District Court Decision 201Gadan689 dated November 7, 2011, Cheongju District Court Decision 201Gadan689 dated November 7, 2011, the claim amount was KRW 5 million, and the creditor was completed the registration of provisional attachment E.
(hereinafter referred to as “instant provisional seizure.” The court issued an order for payment (hereinafter referred to as “instant order for payment”) with the effect that “the Plaintiff shall pay F KRW 7.2 million and delay damages therefrom,” and the above order for payment became final and conclusive around that time.
F The F applied for a compulsory auction with respect to the instant land to Suwon District Court in order to obtain the repayment of the instant payment order claim. On March 14, 2012, the said court rendered a decision to commence compulsory auction with respect to the instant land, and on March 15, 2012, the said decision to commence compulsory auction was completed on March 15, 2012.
Article 22(1) of the Civil Procedure Act provides that “The highest bidder G was permitted to sell the instant auction case on December 24, 2012.” After that, on March 22, 2013, G paid the sale price on March 22, 2013, the registration of ownership transfer in the name of G was completed.
C. (i) On January 20, 2013, the Plaintiff entered into a sales contract on the instant land and buildings unregistered thereon (hereinafter “instant building”) with the Defendant by setting the sales amount of KRW 265 million, and entered into an agreement with the Defendant to enter into the sales contract on the instant land and buildings unregistered thereon (hereinafter “instant building,” referring to “instant land and buildings,” and hereinafter “instant real estate”).
(hereinafter “instant sales contract”). Down money: 6.5 million won,