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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 deceased on November 12, 1979, and the deceased on November 12, 1979, as the co-inheritors of the network D, there was the deceased, Defendant B, C, and son, the spouse of the deceased, and the Plaintiff.
B. As the network D’s death as above, he completed the registration of transfer of each share by succeeding to the network E and Defendant B, Defendant C, Defendant C, and the Plaintiff and F, each of the share of 1/18 shares, respectively, with respect to the 1,48 square meters of G prior to H, 758 square meters, and 941 square meters of G prior to I (hereinafter “instant land”).
C. After June 11, 1994, Defendant B completed the registration of transfer of shares on the ground of donation on June 9, 1994 with respect to the land of this case as to the land of this case, and became a right holder of 12/18 shares.
The network E died in around 2003. D.
On March 25, 2015, the Defendants sold to J an entire of KRW 758 square meters prior to H 73,728,000 on the same day, and sold to K and L for KRW 910,880,000 in total amount of KRW 941 square meters prior to I. On March 27, 2015, the Defendants sold to M an entire of KRW 1,48 square meters prior to G 1,48 square meters prior to G Ma in light to M on March 27, 2015.
E. On the instant land, a joint collateral mortgage was established, which is a joint debtor, the Plaintiff, and the mortgagee of the right to collateral security, on the instant land. On May 20, 2015, the Defendants paid KRW 50,126,232 to the Gwangju Agricultural Cooperative the amount of the actual secured debt of the said joint collateral security, and cancelled the registration of creation of each of the mortgages completed on the instant land.
In addition, the Defendants received total of KRW 3,084,978,00 as the purchase price until May 20, 2015 (i.e., KRW 733,728,00, KRW 910,880,000) and paid KRW 1,440,370,00 as the purchase price corresponding to the Plaintiff’s share to the Plaintiff on May 21, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3, and 6 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants asserting the Plaintiff’s assertion are liable to pay the remainder under the above sales contract on May 2015.