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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant A and C entered into each of the instant sales contracts between the Defendants and C (hereinafter “D”) on September 10, 2002
From Gangnam-gu Seoul and three parcels, D. 5 underground and 10 stories above ground (hereinafter “instant building”).
2) Each of the stores listed in the separate sheet No. 1 among the stores listed in the separate sheet No. 1, and Defendant B’s stores listed in paragraphs 2 and 2 of the same list (hereinafter referred to as “each of the stores of this case”).
2) On November 26, 2002, D was declared bankrupt on September 14, 2007 by Seoul Central District Court 2007Hahap55, while each of the instant buildings was sold in lots and completed the registration of ownership transfer in the future of the Defendants.
Accordingly, the remaining 391 unit unsold in lots except the 127 unit unit, which was partially sold among the 127 unit stores, among the 518 unit stores (hereinafter referred to as "one unit") from the 2nd to the 3nd above ground of the building of this case, remains as owned by D's bankruptcy estate, and some of the above-sale stores were in fact closed due to business difficulties.
3) C Co., Ltd. (hereinafter “C”)
() From around 2013, in the course of promoting the development project for shopping mall among the instant buildings, C entered into a sales contract for each of the instant stores with the Defendants around the late 2013. Accordingly, upon entering into a sales contract for each of the instant stores, C shall pay the remainder after concluding the sales contract for the respective 127 old accounts; however, in the event that C does not purchase the said 127 old accounts or does not pay any balance, the Defendants may rescind the contract; and the Defendants are Korea Trust Co., Ltd. (hereinafter “Korea Trust”) which entered into a funding agreement with C.
(4) As to each of the instant stores, C agreed to conclude a real estate disposal trust contract with respect to each of the instant stores, and C paid 10 million won each as down payment to the Defendants. The Defendants are under the real estate disposal trust contract with respect to the Korea Trust and each of the instant stores.