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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. On May 20, 2003, the Plaintiff sold 3,286m2 (hereinafter “instant land”) to the Plaintiff Company D (hereinafter “D”) seeking to operate a housing construction project at a single source of the said land, and had the ownership transfer registered without receiving an intermediate payment and any balance.
(hereinafter referred to as the “instant project”). (b)
D The condition of the instant project has deteriorated due to the aggravation of the financial condition of D, and on April 30, 2008, voluntary auction was commenced on the instant land.
In this situation, the Plaintiff and D agreed to settle the unpaid amount of the above land at KRW 2,149,500,000 on July 29, 2009, and D shall pay it until August 25, 2009.
C. D on August 26, 2009, the ownership of the project site including the instant land (hereinafter “instant project site”) was transferred to the Defendant according to a sales contract or auction procedure, and D set the upper limit on the amount at KRW 67,900,000,000.
At this time, the main contents related to this case among agreements made between D and the defendant are as follows.
The defendant paid KRW 1,500,000,000 to D in accordance with the agreement.
(hereinafter referred to as the “Agreement on Project Site”) - Exemption from the obligations of A (D)
2. If Eul fails to obtain a successful bid in the above auction procedure, Eul shall make a subrogation to the applicant for auction, and in case Eul shall make a request for revocation of the subsequent auction, Gap shall accept it without delay and take the necessary measures.
3. If Party A considers it difficult for Party B to acquire the real property at the time of auction after the conclusion of this Agreement, Party A shall comply with Party B’s request and, at the same time, take procedures for the transfer of ownership accordingly.
- omitted - The obligation of the defendant (meaning the defendant)
1. Eul shall agree upon this real estate to Gap.