beta
Text
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. Basic facts
A. At the time of August 2, 1996, Defendant C and F entered into a sales contract with the land located within the land transaction permission zone under the Act on the Utilization and Management of the National Territory, and Kimpo-si, Kimpo-si, which was owned by the Republic of Korea (the Korea Forest Service: hereinafter “the forest of this case”), to purchase KRW 9,529 square meters for KRW 295,450,000 and paid the down payment.
B. However, Defendant C and F did not have any ability to pay any balance by September 30, 1996, and thus, to create a balance by selling half of their respective shares. Defendant C and F concluded a sales contract for selling one half of their shares in G to 75,000,000 each, while explaining that they have the value of investment in each of the above land, and completed the registration of ownership transfer of the instant land in proportion to the shares of 1/2 of their respective shares on April 8, 1997 by paying the purchase price received from them to the State.
C. Since then, Defendant C, F, E, and G attempted to sell all of the instant land, but the contract was not concluded due to the problems such as the amount of the sales price, etc., and among which, around March 1998, E entered into a sales contract to sell its shares (1/4 shares out of the instant land) to Defendant B for approximately KRW 120,000,000.
Since then, Defendant C, F, and G attempted to sell all of the instant land, but failed to be sexually dead, Defendant B entered into a sales contract on April 19, 2005 to sell its shares to the Plaintiff for KRW 201,60,000.
E. Meanwhile, both the Plaintiff and F purchased from Defendant C, and the Plaintiff purchased from Defendant B and the Plaintiff purchased from Defendant B in the course of a successive share sale and purchase of the instant land, were not subject to land transaction permission from the competent authority in each of the above sales and purchase contracts.
F. Since May 31, 201, the instant land was released from the land transaction permission zone.
[Reasons for Recognition] Gap 1, 2, and Gap 4-1.