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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s final and conclusive judgment on D brought a lawsuit against D with the Daegu District Court Decision 2017Da28747, Jul. 11, 2013 to Aug. 25, 2015 (hereinafter “relevant civil case”), and on February 8, 2018, the said court rendered a judgment in favor of the Plaintiff that “D shall pay to the Plaintiff 16,2150,000 won and the amount calculated by 15% per annum from December 2, 2017 to the date of full payment.” The said judgment became final and conclusive on February 28, 2018.
B. D Sale of the instant real estate
2. The down payment of KRW 428 million in the terms of the contract shall be paid and received at the time of the contract. The amount of KRW 50 million in DNA intermediate payment shall be paid on November 7, 2017 and the balance of KRW 368 million shall be paid on January 31, 2018.
Article 1 (Purpose) In the sale of the instant real estate, the seller and the buyer, by agreement, shall pay the purchase price as follows:
[Matters of Special Agreement]
1. A seller shall not, simultaneously with this contract, engage in any conduct that restricts the exercise of ownership, such as bank loans and provision of security.
2. Three cases of the right to collateral security currently created shall be cancelled at the same time as the balance; and
7. The balance date may be adjusted under mutual agreement.
1) On October 14, 2017, Defendant B and D sold the instant real estate to Defendant B for KRW 428 million (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows. (2) Defendant B paid to D the down payment of KRW 10 million on the date of the instant sales contract, KRW 50 million on November 7, 2017, and KRW 368 million on December 13, 2017, respectively. As to the instant real estate on December 13, 2017, the ownership transfer registration under Defendant B’s name was completed on October 14, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6 (if there are serial numbers, including each number; hereinafter the same shall apply), Eul evidence 1, 2, 3, 5, 6 and 7.