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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
A. The Plaintiff’s status 1) around August 2012, 2012: (a) the Plaintiff is a D building in Namyang-si, Namyang-si (hereinafter “instant building”).
(2) On January 16, 2014, the Plaintiff entered into a contract with the said court to set the contract amount of KRW 4,300,000 as to the new construction, and completed the new construction of the instant building around March 2014. (2) On January 16, 2014, the Plaintiff filed an application for provisional injunction against disposal of real estate, the right to demand mortgage under Article 666 of the Civil Act as the preserved right, and completed the provisional injunction registration on March 19, 2014.
(hereinafter referred to as the “registration of provisional disposition of this case”). B
(1) On September 26, 2013, Defendant A entered into a contract under which the purchase price of the instant building 105 won was KRW 525,00,000 from C to September 26, 2013. Defendant A, as the sale price, paid KRW 262,50,000 to the International Trust Co., Ltd., a trust company that manages the funds of the instant building on September 26, 2013 (i.e., down payment of KRW 12,50,000,000), and Defendant B paid KRW 150,000,000 to C on May 19, 2014 (ii) concluded a contract under which the instant building 203 was sold from March 10, 2014 to C, and paid KRW 12,50,000,000 to C as the sale price.
C. (1) The registration of the instant provisional disposition regarding Nos. 105 and 203 of the instant building was cancelled on June 12, 2014, respectively. (2) With respect to No. 105 of the instant building, on May 13, 2014, the registration of the transfer of ownership in the name of Defendant A was completed on June 17, 2014, and on No. 203 of the instant building, the registration of the transfer of ownership in the name of Defendant B was completed on June 17, 2014.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including paper numbers), Eul evidence 1, 4, 5, Eul evidence, Eul evidence 1 to 3, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion was made around June 2014 by the Defendants and the Plaintiff.