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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
On April 17, 2014, when only Defendant B (hereinafter referred to as “Defendant”) is to be built on the ground of Gangseo-gu Busan Metropolitan Government D (hereinafter referred to as “instant land”), the Plaintiff intends to purchase the attached Form 1. Dong and its site from among the factory buildings scheduled to be newly built on the ground of Gangseo-gu Busan Metropolitan Government D (hereinafter referred to as “instant land”), and the attached Form stating the size of the building in 150 square meters.
1. The following: (a) prepared a sales contract (hereinafter “first sales contract”); and (b) paid KRW 10,000,000 to the Defendant as a down payment.
Around May 2014, the Defendant changed the placement of a factory building to be newly constructed as shown in the attached drawing 2. Accordingly, the said Idong was changed to Fdong (hereinafter “instant building”) and the actual use site is the same as 666m2 in the initial sale area, but the site for the construction of a park planning road (hereinafter “road site, etc.”) has increased from 150m2 to 224m2.
The Plaintiff stated the size of the building on June 17, 2014 in attached Form 120 square meters.
2. A sales contract was prepared and paid KRW 50,000,000 to the Defendant (hereinafter “the second sales contract”) and the following day paid KRW 30,651,450 on June 18, 2014.
On August 5, 2014, between the Plaintiff and the Non-Party Company UBS Co., Ltd. (hereinafter referred to as “Non-Party Company”) entered into a construction contract, including the construction of the instant building and the construction of additional and mechanical works, and on September 18, 2014, the construction contract was entered into between B and Non-Party Company A for the entire factory building A or Fdong.
(hereinafter referred to as “the instant construction contract”). The Plaintiff attached Form September 17, 2014
3. Preparation of a sales contract on October 20, 2014, and completing the registration of ownership transfer and the registration of creation of a mortgage over the maximum debt amount of KRW 1,370,000 with respect to the share of the instant land, and obtaining a loan from the Daegu Bank Co., Ltd. holding the right to collateral security;
(hereinafter “instant loan”). The instant building is composed of 396 square meters (150 square meters) in the area of one story and 99 square meters in the area of two stories (30 square meters) in the name of the Plaintiff.