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1. The plaintiff's claim against the defendant B is dismissed.
2. Defendant C: (a) KRW 45,000,000 on the Plaintiff and its related matters.
Reasons
1. Basic facts
A. In around 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant real estate sales contract”) with Defendant B, who was represented by Defendant C, to purchase KRW 60,000,000 of the shares of KRW 5,619/34,565 square meters (hereinafter “instant shares”) among the shares of KRW 34,565 square meters of forests and fields D, Gyeonggi-gun, Gyeonggi-do, Inc. (hereinafter “instant forest”).
B. In the instant real estate sales contract, the following provisions were stated in the same text.
Article 3 (Extinguishment of Restricted Real Rights, etc.) If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the purchaser
except in cases of rights and amounts agreed to succeed.
C. The instant real estate sales contract stated the following special terms as follows.
1. When both parties enter into a contract, purchase shall be made for the purpose of farmers, etc. after completing the construction of the E-mail between the return of upper-tier address E and the F return, and the outer (6m) access road G (6m) G after the completion of the construction of the farmland ledger; and
D. At the time of the conclusion of the instant real estate sales contract, the entire forest of this case, including the instant shares, was established with a maximum debt amount of KRW 56,00,00,00, the debtor as H and the mortgagee as the I Association (hereinafter “mortgage”) and superficies with a person holding superficies as the I Association.
E. By August 1, 2015, pursuant to the instant real estate sales contract, the Plaintiff paid the Defendants KRW 60,000,000 to the Defendants. On July 28, 2015, the ownership transfer registration in the name of the Plaintiff was completed.
F. Thereafter, this case.