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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. On July 29, 2003, the Plaintiff entered into a sales contract between the Plaintiff and C with C, D, and Gwangju Northernbuk-gu E and its ground leisure building (hereinafter collectively referred to as “instant leisure house”) for sale of KRW 920,000,000 for purchase price. Of the aforementioned KRW 920,000,000, KRW 580,000 among the aforementioned KRW 920,000 shall be paid KRW 118,00,000 by means of acquiring the secured debt of the right to collateral security established in then of this case, and KRW 20,000,000 shall be paid by C, and KRW 20,000,00 shall be paid within four months from the contract date.
B. F. On October 15, 2003, the ownership change of the gas station of this case 1) F. The land and the gas station on the ground of the above G land (total of each land and the ground gas station of this case hereinafter referred to as “instant gas station”).
A) On October 23, 2003, C, D and the Plaintiff agreed to receive payment in lieu of the remainder of KRW 220,000,000 from the Plaintiff around November 1, 2003, the Plaintiff agreed to acquire the collateral security debt 118,000,000,000, which was created in the instant gas station. At the time, the Plaintiff assessed the instant gas station as KRW 338,000,000, deducted the remainder from the amount of KRW 220,000.
3) As to the gas station of this case as to November 28, 2003, No. 30647 received on November 28, 2003, H had completed the registration of ownership transfer as to the gas station of this case on July 19, 2009 due to the death of H on November 1, 2009, the Defendant completed the registration of ownership transfer as to the gas station of this case on August 12, 2009 as the receipt No. 17846 of the above registry office, and sold the gas station of this case to I on August 26, 2010, and completed the registration of ownership transfer as the receipt of the above registry office No. 17472 on September 2, 2010.
C. The use relation of the gas station of this case 1 H is F around November 2003 and this case.