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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Real estate sales, etc. 1) Non-party networks C (hereinafter “the deceased”).
Nonparty D, representing the Defendant, represented by Nonparty D, around September 24, 2005, the Incheon Strengthening-gun No. 402 (hereinafter “instant 402 real estate”).
2) As to the sales contract of this case, the seller is the defendant and the buyer is the non-party F (the non-party G's children living together with the deceased) (hereinafter "the sales contract of this case"), and the above sales contract is "the sales contract of this case".
(1) The sales contract of this case contains a statement that “The sale price of KRW 60 million shall be paid on the day of the contract, and the transfer registration of ownership shall be responsible for and completed by the seller after the completion inspection and the problems of land are resolved.” At that time D delegates all the authority regarding the conclusion of the sales contract and the receipt of the price for the real estate of this case under the name of the defendant (hereinafter referred to as “the delegation of this case”).
(B) The receipts stating that “A person was paid KRW 60 million in the purchase price of the real estate of this case” and “No. 402” were amended to “No. 404.”
hereinafter referred to as “instant receipt”
2) The Defendant filed a lawsuit against Nonparty H on November 30, 2009 and completed the registration of ownership transfer in the future of the Defendant on January 30, 2012, by filing a lawsuit against Nonparty H on the claim for the registration of ownership transfer with respect to the real estate No. 402 and E-Ba 404 (hereinafter “instant real estate”). The instant real estate No. 402 and the instant real estate No. 404 collectively referred to as “each of the instant real estate”).
3) After that, on the introduction of D on December 23, 2011, the Defendant sold each of the instant real estate to Nonparty I in total at KRW 30 million. On January 30, 2012, the Defendant completed the registration of transfer of ownership with respect to each of the instant real estate to Nonparty J, who is the spouse of I. B. The Deceased (1).