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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. Litigation costs shall be borne by the Plaintiff
Reasons
1. Basic facts
A. On September 17, 2015, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendants to purchase KRW 988,00,000,00 for the purchase price of KRW 97,50,000,000,000,000,000,000 for each of the shares owned by the Defendants, and KRW 266,00,000,000,000,000,000,000,000,000,000,000,000,000.
B. The contract on the instant sales contract contains the following special terms and conditions:
1. It shall be traded on the basis and the present state of facilities;
The condition that the buyer will remove the building in E before the remainder of five days is the condition that the buyer first removes the building in E. 2. G illegal buildings in G. The buyer's confirmation is that they are several infinites on the parcel subject to this contract. 3. There is no defect in the entire registered matters. 4. Not later than the remainder, various public charges are settled by the seller (on the basis of the balance).
5. The present lessee is a condition precedented by the seller until any balance is settled by the seller. The remaining date of the balance may be reasonable.
6. Any balance may be changed to the name of a purchaser at the time of the balance and a contract for the purchase price may be re-preparation as a matter of a seller's transfer tax;
7. The down payment of KRW 20 million, out of the down payment of KRW 100 million, shall be paid at the time of a contract, and KRW 20 million shall be remitted on September 21, 2015, and KRW 80 million shall be remitted on October 19, 2015.
8. The co-seller (C) shall enter into a contract after the call of an excursion ship and make a ratification thereof at the end of any balance;
C. On September 17, 2015, the date of the contract, the Plaintiff transferred each of the KRW 20 million to Defendant B’s account, KRW 20 million on September 21, 2015, KRW 20 million on September 21, 2015, and KRW 80 million on October 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, Gap evidence 3-1, 2, 3, Eul evidence 9, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s primary claim ① The Plaintiff’s right to preserve D land, among the real estate purchased after the conclusion of the instant sales contract, is “right to claim the transfer of ownership on the ground of prescription for possession.”