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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) owns 7/20 shares in E, 2/20 shares in F, 1/20 shares in G, and 10/20 shares in H, respectively. On January 20, 2012, the Plaintiff purchased KRW 4,650,000,000 of the instant real estate from E, F, and G for KRW 4,650,00,00, and completed the registration of ownership on January 25, 2012.
B. On August 23, 2013, the Plaintiff decided to sell shares owned by the Plaintiff (1/2 shares) in the instant real estate to the Defendants, who are H’s children, in KRW 4,650,000,000, and completed the registration of ownership transfer on August 26, 2013.
C. Meanwhile, a sales contract made between the Plaintiff and the Defendants as of August 23, 2013 (hereinafter “instant sales contract”) includes the following as to the sales price, etc. of the instant real estate:
Article 1. Subject to the agreement between the seller and the buyer, the above real estate will be entered into as follows:
Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:
A contract deposit of KRW 4,650,000,000 shall be substituted by assumption of the contract deposit.
It shall substitute the assumption of an obligation of part payments.
The seller of Article 3 of the balance of KRW 385,00,000 receives the balance of the purchase price, and at the same time delivers all documents necessary for the registration of ownership transfer, and cooperates with the registration procedure, and deliver the said real estate on August 23, 2013.
Matters of special agreement
(a) The acquisition by each purchaser of KRW 3,000,000,000,00 for the debt to the Sungnam Agricultural Cooperative Co., Ltd. on the registry, and KRW 800,000,00 for the debt to the mortgagee E, F, and G, shall substitute for the payment of the above purchase price.
(b) Any balance of 385,000,000 won shall be paid for loans after the transfer of ownership is registered;
C. The buyer succeeds to KRW 465,000,000 in lieu of the payment of the purchase price.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 6
2. The parties' assertion
A. The plaintiff's assertion.