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1. The portion of the obligee's subrogation claim among the lawsuit in this case, and the primary conjunctive claim are the obligee's subrogation claim.
Reasons
1. Basic facts
A. In Namyang-si, E 927 square meters (the conversion into the area unit on February 11, 2005, consisting of 3,064 square meters in Namyang-si, Namyang-si, and 574 square meters in Fanyang-si, Namyang-si (the conversion into the area unit on February 11, 2005; hereinafter “1,898 square meters in Namyang-si”; hereinafter “2 land”) were originally owned by G, the mother of Defendant B.
B. On August 30, 2001, G entered into a sales contract with D on KRW 443,00,00 for the purchase price for the land Nos. 1, 2, and H land at Nam-si (hereinafter “the first sales contract”), and entered into a sales contract with the following special agreements in the sales contract prepared at the time:
1. After an intermediate payment, a seller shall provide a purchaser with documents necessary for a building permit (written consent to the use of a site and attaching seals);
2. A vinyl shall be removed by the seller before the seller pays any balance.
3. Where removal is delayed before the payment of any balance is made: Provided, That the buyer shall pay the balance remaining to the seller immediately after the removal of a vinyl house is completed, while he/she shall pay the balance remaining to the seller at the time when the removal of the vinyl house is completed;
4. After granting a building permit, a seller shall comply with a request from a person designated by the purchaser for the transfer of ownership.
C. D, on December 8, 2001, without completing the registration of ownership transfer for the land 1 and 2, sold the land 1 and 2 by concluding a sales contract for the land 1 and 2 (hereinafter “second sales contract”) with the Plaintiff and the purchase price of KRW 450,000,000.
Pursuant to the first sale contract, D paid KRW 443,00,000 to G on April 19, 2002. According to the second sale contract, the Plaintiff paid KRW 450,000 to D from April 30, 2002 to May 24, 2002.
E. Since February 11, 2005 to December 1, 2005, land Nos. 1 is each real estate listed in the separate sheet Nos. 1 to 4, and land No. 2 was divided into each land listed in the separate sheet Nos. 5 to 8, and land listed in the separate sheet Nos. 2 and 6 is for acquisition of public land on February 7, 2005.