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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
A. On February 13, 2008, the Plaintiff, from the Defendant, agreed as follows, to purchase Cand C, 274 square meters (hereinafter “instant land”) and its ground buildings (the contract is indicated as D’s ground; hereinafter “instant building”; and, in addition to the instant land, the “each of the instant real estate” was agreed as follows.
(hereinafter referred to as “instant sales contract”). Land category: Building site, area: 274 square meters (around 83 square meters): mentor block, neighborhood living facilities, and area: 81.9 square meters ( around 25 square meters) in the first half of a down payment of KRW 370,000,000 in the purchase price of KRW 81.9 square meters ( around 25 square meters): 100,000 in the second half of a rent of KRW 100,000 ( March 31, 2008): The remainder of KRW 140,000,000 (round 30, June 30, 2008): 140,000,000 in the second half of a rent of KRW 15,200 (round 15, 2009).
(2) The resident of the present building shall move out on September 15, 2008, and the purchaser shall move in immediately.
(3) The building lot number shall be that of a seller at the same intervals as the lot number, and the building permit shall, at the expense of the buyer, be that of the buyer, obtain the permit under the name of the seller, and the buyer, transfer his/her name to the buyer.
(other than the costs for obtaining building permits, all additional costs will not exist). (4) Establishment of collateral security after the second intermediate payment will be made.
(5) The application for permission for land transactions shall be actively cooperate.
B. The Plaintiff paid a total of KRW 230 million to the Defendant according to the instant sales contract. On July 11, 2008, the Defendant created a joint collateral in the name of the Plaintiff, causing maximum debt amount of KRW 230 million with respect to each of the instant real estate to the Plaintiff on July 1, 2008.
On July 18, 2008, the Plaintiff received a decision to prohibit disposal of each real estate of this case and completed the registration of provisional disposition on the same day.
C. The Defendant delivered the instant real estate to the Plaintiff on September 15, 2008.
The plaintiff on September 15, 2008 at the building of this case.