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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s claim against C and C’s insolvent 1) decided to purchase a building on the ground of the Incheon Dong-gu E from C and D operating a real estate brokerage business on April 2010, and paid KRW 320,00,000 after the purchase price. (ii) After the Plaintiff, the Plaintiff would have to receive a refund of the said purchase price from C and D, and received a written confirmation containing the foregoing details on September 29, 201.
3) The Plaintiff filed an application with C and D for a payment order claiming the return of KRW 320,000,000 against C and D on November 13, 2013. From the litigation procedure to August 18, 2014, the following adjustment between C and C (hereinafter “instant adjustment”).
This was established.
1. C shall pay to the Plaintiff KRW 160,000,000 in installments as follows:
10,000,000 won by September 30, 2014, and 10,000,000 won by December 31, 2014
(b) Each year from 2015 to 2018;
4. 30.
8. 10,000,000 won each on December 31, 191
(c) 10,000,000 won by April 30, 2019, and 10,000,000 won by August 31, 2019;
2. C shall lose the benefit of time, and shall pay the remainder after deducting the amount already paid from KRW 320,000,000 to the Plaintiff jointly and severally with D plus damages for delay at the rate of 20% per annum from August 18, 2014 to the date of full payment.
4) C did not perform all the duty to pay in installments under the instant conciliation, and there is no particular property at present. (B) The Defendant purchased the forest land ownership in this case on March 27, 2014, F, G, and forest land, and promoted land development and housing projects; however, the remainder of auction of forest land is a bank loan and the amount of auction proceeds is assessed against 1/3 of all expenses, such as authorization and permission expenses, financial expenses, property tax, etc. (hereinafter “instant trade agreement”).
2) On April 15, 2014, the Defendant is a forest land of H and six parcels (hereinafter “instant forest land”) located outside H at the time of Pakistan owned by C (hereinafter “instant forest”).
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