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1. The plaintiff's claim is dismissed.
3. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of recognition [1] The land of five lots, including Gyeongsan-si C, D, E, F, and G (the “each of the instant lands” from the following), and D and F-land, which were owned by H in all of the instant land: (a) a stable of 66 square meters on the block structure, string ground, and roof 20.3 square meters on a wooden string roof, a house of 20.3 square meters on each of the instant land (the subsequent building referred to as the “instant building”), and a large 170 square meters on each of the instant land, which are planted on each of the instant land.
I, the Plaintiff’s child, purchased the instant fruit trees from H on April 2, 2012.
On May 15, 2012, the Defendant purchased each of the instant land through the J of the Daegu District Court on May 15, 2012 and completed each registration of ownership transfer on May 23, 2012.
On August 6, 2012, the Plaintiff purchased the instant building through the K Voluntary Auction Procedure at the Daegu District Court and completed the registration of ownership transfer on August 23, 2012.
[2] The Defendant acquired each of the instant land and the instant building and fruit trees, and the Plaintiff agreed to enter into a sales contract with the Defendant and the Plaintiff (I), by consultation, to the different owners of the building site and the building.
On May 24, 2012, the Plaintiff (agent I) and the Defendant drafted a real estate sales contract (hereinafter “instant sales contract”) with the purchase price of KRW 25 million, and entered the real estate into a real estate sales contract (hereinafter “instant sales contract”). In the indication of real estate in the indication of real estate, “6 square meters for a stable of the roof of the rash roof and 66 square meters for a wooden roof roof 20.3 square meters,” and additionally entered the subject matter of sale in a separate chapter after the signing of the parties.
In addition, in paragraph 3 of the contract, the plaintiff acquired case number K by auction at the Daegu District Court, stating that "the defendant shall pay the balance to the plaintiff immediately after the termination of order after the plaintiff's progress of delivery of the possessor residing in the present location of the above case."
The Plaintiff received KRW 2.5 million from the Defendant on the day of the contract.
[3] Meanwhile, the mother of H is the mother of H.