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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D was the owner of land prior to the subdivision on July 25, 2007, which was designated as a land transaction contract permission area under Article 117 of the former National Land Planning and Utilization Act (amended by Act No. 13797, Jan. 19, 2016) in accordance with the public announcement E of the Ministry of Construction and Transportation on February 17, 2003, and died on May 22, 2005.
B. Around February 21, 2006, F, a child of the network D, entered into a sales contract for selling “A” to G in the name of the network with “A” (hereinafter “the first sales contract in this case”). As the special terms and conditions of the said sales contract, “A sale may be changed by the actual number at the time of increase or decrease in the actual number after surveying.” The seller must remove the building at the time of the request of the buyer for removal. When arranging documents related to the seller’s inheritance, the remainder payment may be advanced.”
C. F on April 12, 2006, on the land prior to the instant subdivision, F completed the registration of ownership transfer based on inheritance by consultation and division on May 22, 2005.
G did not obtain from F on May 16, 2006 the procedure for ownership transfer registration under the above sales contract, and entered into a mortgage contract with F on the land prior to the division.
F. As to the land before the instant partition, on May 24, 2006, F deleted all the establishment registration of four neighboring mortgages that was established on May 24, 2006. G completed the establishment registration of a neighboring mortgage, which was the maximum debt amount of the land before the instant partition, due to the said establishment contract.
Around May 14, 2007, F entered into a sales contract with I, the spouse of H, the Plaintiff’s wife, for the land of this case, KRW 180,00,000 with respect to the purchase price, and for the sale to I, on July 5, 2007, with each of the dates on which the payment of the purchase price was completed (hereinafter “the second sales contract”), and Article 8 of the said sales contract.