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1. The plaintiff (Counterclaim defendant) A and the plaintiff B's main claim are all dismissed.
2. The plaintiff (Counterclaim defendant) A.
Reasons
1. Facts of recognition;
A. On October 28, 2010, Plaintiff B purchased the real estate listed in the [Attachment No. 1] No. 1 through 7 from D (hereinafter collectively referred to as “real estate No. 1”) from Plaintiff B. At that time, the provisional registration of the right to claim ownership transfer was completed in the name of the Defendant with respect to the real estate No. 1 at that time.
Accordingly, the plaintiff B acquired D's obligation to the defendant with the purchase price for the first real estate.
B. However, as the Plaintiff B did not fully repay the obligation he assumed from D to the Defendant, the Defendant completed the principal registration on November 30, 201 on the first real estate based on provisional registration.
Article 1: The defendant's side does not sell the first real estate to a third party without the consent of the plaintiff's B until April 27, 2012, and if the plaintiff B pays 370,000,000 won in a lump sum payment within the deadline, it shall be sold to the plaintiff B.
Article 7:Recognizing the termination of the contract as of October 27, 201 with respect to all the contracts made before the preparation of this Agreement, the Plaintiff B did not raise a civil or criminal objection against the Defendant’s side in connection with all the contracts.
In addition, in relation to the contract, the amount paid by the plaintiff B to the defendant is attributed to the defendant, and the plaintiff B cannot make a claim for return.
C. On March 15, 2012, Plaintiff B and his/her father and his/her agent, E entered into an agreement between the Defendant and F, which includes the following, and the notary public obtained certification in the name of the law firm on the same day:
(see evidence 1). (d)
Plaintiff
On September 17, 2012, Plaintiff A, one of the children in B, purchased the first real estate at KRW 370,000,000 between the Defendant and the Defendant based on the above agreement, and concluded a sales contract to pay the remainder of KRW 50,000,000 at the time of the contract to pay the remainder of KRW 50,000,000 until December 14, 2012.
(see evidence 2). (e)
Plaintiff
A shall pay 50,000,000 won to the defendant on the same day by December 14, 2012, but it shall be 24% per annum.