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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 28, 2013, the Defendant acquired the ownership of real estate listed in the separate sheet (hereinafter “instant building”) by public auction.
B. In the case of Seoul Southern District Court 2013Kadan41091 Decided August 21, 2015, in which the Defendant filed against C, etc., the said court rendered a ruling of recommending reconciliation (hereinafter “the instant ruling of recommending reconciliation”) with the following content, and the said ruling of recommending reconciliation was finalized on September 11, 2015, as both parties did not raise any objection.
Decisions
1. The plaintiff (the defendant of this case, the plaintiff's father of this case, the plaintiff's attorney of this case, the plaintiff's attorney of this case, and the plaintiff's attorney of this case, hereinafter referred to as "decision") paid the amount stated in Paragraph 2 from the defendant C, and at the same time, the registration procedure for transfer of ownership for real estate (the building of this case, the building of this case, the same part for which decision is made) listed in the attached list A (the same shall apply to the part for which the decision is accepted) shall be implemented to Gap (D- omitted, the plaintiff of this case, the plaintiff of this case, and the reference part for the decision).
2. Defendant (Appointed Party) C shall pay the Plaintiff KRW 20,000,000 (contract deposit) on September 30, 2015, and KRW 310,000,000 (prepaid) on December 31, 2015. If Defendant C (Appointed Party) fails to pay the remainder on December 31, 2015, the down payment shall be confiscated to the Plaintiff.
Attached Form
Where mortgage, etc. is established with respect to real estate recorded in the list, the defendant C shall pay the remainder after deducting the maximum debt amount from the balance.
Where the maximum debt amount exceeds the remainder, the Plaintiff may claim for reimbursement against the Plaintiff against the money exceeding the remainder of the maximum debt amount after performing the procedure for ownership transfer registration under paragraph (1).
3. If the Defendant (Appointed Party) fails to pay each of the above amounts at each payment date specified in paragraph 2, the Defendant (Appointed Party) C, the Appointed Party E, and the Company.