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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. (1) On October 24, 2004, D and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant’s supplementary intervenor (hereinafter “the Intervenor”) to sell part of subparagraphs 118, 137, and 138 on the ground of the 1st floor among the 5th underground floor (hereinafter “instant aggregate building”) located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant aggregate building”) to sell 623,280,000 won for the sales price.
(2) Since March 31, 2005, D and the Defendant paid to the Defendant’s Intervenor a total of KRW 588,000,000 as sales price, and paid the remainder of KRW 35,280,000 as sales price by reduction from the Defendant’s Intervenor’s Intervenor, and paid in full the sales price pursuant to the instant sales contract.
B. (1) Meanwhile, on June 13, 2001, the Defendant Intervenor entered into a sales contract with the Korea Real Estate Trust Co., Ltd. to purchase the entire aggregate building of this case, which was owned by the said company, with KRW 4.636,882,90,00, but thereafter, on June 23, 2004, the registration of ownership transfer was completed only with respect to the second and fifth floors among the aggregate buildings of this case under the name of the Defendant Intervenor, and as to the first floor including the Defendant’s store, the Defendant Intervenor did not complete the registration of ownership transfer under the name of the Defendant Intervenor.
(2) On July 10, 2005, the Defendant’s assistant intervenor entered into a sales contract with the Plaintiff to sell all the first floor including the Defendant’s shop to the Plaintiff KRW 2,9,800,000 (hereinafter “instant sales contract”). On July 22, 2005, the Defendant’s assistant intervenor completed the registration of ownership transfer from the Korea Real Estate Trust Co., Ltd. for the first floor including the Defendant’s shop, and completed the registration of ownership transfer under the Plaintiff’s name on the same day.
(iii).