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1. The plaintiff's appeal and the preliminary claim added by this court are all dismissed.
2. Appeal;
Reasons
1. Basic facts
A. ① Land on the five lots in total, including Gyeongsan-si C, D, E, F, G (hereinafter “each of the instant lands”), ② Of each of the instant lands, D and Blue-do 6 square meters (hereinafter “the instant livestock shed”) and 20.3 square meters (hereinafter “the instant wooden house”), of a wooden village 20.3 square meters (hereinafter “the instant wooden house”), and of a wooden village 20.3 square meters in each of the instant lands (hereinafter “the instant wooden trees”), all of the instant lands were owned by H.
B. On April 2, 2012, the Plaintiff’s litigant (hereinafter “Plaintiff”) who is the child of the deceased A (hereinafter “the deceased”) purchased the instant fruit trees from H.
C. On May 15, 2012, the Defendant purchased each of the instant land through the J voluntarily auction procedure at the Daegu District Court and completed each registration of ownership transfer on May 23, 2012.
On May 24, 2012, the Plaintiff and the Defendant, representing the Deceased, drafted a sales contract with the following terms (hereinafter “instant sales contract”); on the same day, the Defendant paid the Plaintiff KRW 2,500,000 as down payment.
In the indication of real estate sales contract real estate: The seller who sells the real estate of 20.3 square meters in a splate roof with DF block structure splate roof, Gyeongbuk-si, Gyeongbuk-si: The plaintiff's agent: The defendant;
1. The total sales amount of KRW 25,000,000 shall be the sum, and KRW 2,500,000 shall be the Plaintiff’s receipt of the down payment. 2.00,000 above shall include all fruit trees in KRW 25,00,00.
3. The deceased acquired the case number K by auction at the Daegu District Court, and the defendant shall immediately pay the balance to the deceased when the name of the deceased is completed after the deceased took over the order of delivery.
6. On May 24, 2012, the above situation is attached attached, and the sale agent: The purchaser of the plaintiff: the defendant (attached Form)
6. C, D, E, F, and G superficies (with no less than 150 weeks of bamboo trees) and fruit trees (not less than 150 weeks of bamboo trees).