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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. 1) The Defendant is obligated to enter into the instant sales contract with the 13,331 square meters prior to Gangseo-si, Gangnam-si (hereinafter “the land prior to division”).
A. The Defendant owns the D Association (hereinafter “D Association”). The Defendant is only a D Association (hereinafter “D Association”).
(A) If a loan is granted for a total of KRW 1.68 billion on four occasions, the mortgage and superficies worth KRW 2.16 billion (hereinafter “the superficies of this case”) totaling the maximum debt amount on the land prior to the split-off as security shall be KRW 30,000,000 from April 15, 2014 to 30,000 (hereinafter “the superficies of this case”).
(2) On October 8, 2016, the Defendant concluded a sales contract for the purchase price of 6 billion won with respect to land E and one other and the land before division.
3) On January 5, 2017, the size of the land before subdivision was corrected to 13,442 square meters depending on the surveying of the boundary of the land before subdivision, and on January 10, 2017, the land before subdivision was divided into 6,478 square meters prior to Gangseo-si, Seoul, G 4,093 square meters, G 2,871 square meters and H 2,871 square meters.
(hereinafter referred to as "land") shall be specified only as a parcel number.
The plaintiff and the defendant entered into the sales contract of this case.
As the land was partitioned as prescribed in paragraph (1), on January 2017, the first sale contract was concluded with three lots of land (C, G, H land; hereinafter referred to as “each of the instant lands”) from the first lot of land, E, and the purchaser decided to change the land from E, one other, to the Plaintiff, and the following terms and conditions (hereinafter referred to as “instant sale contract”).
The specific content of the sales contract of this case is prepared in the name of E and one other and the defendant, except for those added to Article 12(5).