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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 4, 2009, the Plaintiff entered into a sales contract with G, H (G), and I to sell KRW 3174 square meters of forest E, which was owned by the Plaintiff (hereinafter “instant land before the instant partition”) to G as the purchaser, for KRW 750 million (hereinafter “instant sales contract”). On the same day, the Plaintiff was paid KRW 30 million as the down payment, and KRW 70 million as the sum of KRW 40 million on June 15, 2009.
B. The Plaintiff received down payment of KRW 70 million at G, I, etc. at the request of G, I, etc., and completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to the 4/10 shares in the land before the instant partition, G with respect to the 3/10 shares, G with respect to the 3/10 shares in the 3/10 shares, and I with respect to the 3/10 shares in the 3/10 shares in the 3/10 shares in the Busan District Court, Busan District Court No. 32905, Jun. 16, 2009.
C. I completed the additional registration prior to the provisional registration of this case in the future as the Busan District Court Northern District Court No. 75693, Dec. 22, 2009, which was received on December 22, 2009, as security for the obligation to K. However, K died on October 5, 201, and the Defendants are the heir of K.
As of June 30, 2011, G and H have written a letter of intent to waive all rights to the instant land before subdivision. On the same day, the Plaintiff entered into a new sales contract with H to sell the instant land in KRW 750 million between H and H.
E. The Plaintiff filed a lawsuit seeking cancellation of provisional registration No. 2013da52581, Busan District Court. In the instant lawsuit, the instant sales contract was rescinded on June 30, 201 due to the unpaid balance of G, I, etc., and thus, the instant provisional registration should be cancelled due to the loss of the right to claim transfer of ownership based on the sales promise, and the instant provisional registration should be cancelled. The Defendants, the heir of K, who was transferred the instant provisional registration by I, are obligated to perform the procedure for cancellation registration of the instant provisional registration.