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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. B around June 2015, around 2015, purchased Driday Land from C and the Defendant permanently, and subsequently built and sold a new house.
B. On June 16, 2015, B loaned KRW 460 million each from the Daegu Seo-gu Credit Union and the Central Han-ro Credit Union. On the same day, “E” was extended to each of the above associations with respect to the size of 5,066 square meters prior to the F when permanent residence was located (hereinafter “H land”). “B” was registered as the maximum amount of 2,271 square meters prior to H when permanent residence was located (hereinafter “H land”); “I land”; “J land”; “J land” (hereinafter “J land”); 54 square meters prior to J; 252 square meters prior to K (hereinafter “K land”); “N land”; “B” was registered as the maximum amount of 1,68 square meters prior to the aforementioned M land (hereinafter “M land”); and “N land” (hereinafter “N land”).
C. On June 18, 2015, C and the Defendant sold F land, M, N, H, I, J, and K in total at KRW 1.420 million prior to subdivision, and agreed that B shall bear the total principal amount of each of the above loans amounting to KRW 920 million and interest thereon, and KRW 250 million out of the remainder of KRW 500 million shall be paid until November 30, 2015, and the remainder of KRW 250 million shall be paid until May 31, 2016, and until all remainder is paid, the seller shall own the name of the building permit to be constructed on each of the above lands and the buyer shall hold one half of the remainder of the remainder of KRW 50 million.
(hereinafter “instant trading agreement”). D.
E On July 3, 2015, the Defendant completed the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation as of June 22, 2015, and the registration of ownership transfer based on the trust as of June 22, 2015. G on July 3, 2015, each right to claim ownership transfer based on H, I, J, and K land as of June 22, 2015, and each right to claim ownership transfer based on the trust as of June 22, 2015. L was completed on July 3, 2015, in turn on the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation as of June 22, 2015, and L was completed on July 3, 2015 for M and N land to C on July 3, 2015.