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1. Of the instant lawsuit, all of the ancillary claims against the Defendants are dismissed.
2. The plaintiff's defendants.
Reasons
1. Basic facts
A. On April 30, 2007, the Plaintiff entered into a sales contract to purchase each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) from the deceased F (the deceased on September 4, 2012; hereinafter “the deceased”) on April 30, 2007, to promote a housing construction project on the window E and 57 parcels of Changwon-si (hereinafter “the instant sales contract”). On the same day, the Plaintiff paid the down payment of KRW 630,90,000 to the Deceased, and the remainder of KRW 3.575,10,000,000 shall be paid on November 30, 2007; “The remainder shall be paid within 30 days after the approval of the business regardless of the date of the remainder payment” (hereinafter “instant special agreement”).
B. On June 29, 2007, the Plaintiff applied for approval of the project for the implementation of the housing construction project to the Changwon City Mayor. However, on August 22, 2007, the Plaintiff filed an administrative appeal, but the Plaintiff was dismissed on October 9, 2007, and thereafter, it did not obtain approval of the project for the housing construction project until now.
C. Upon delay in implementing the above housing construction project, the Plaintiff paid a total of KRW 446,894,000 to the Deceased from February 1, 2008 to January 15, 2009.
On October 21, 2010, the Plaintiff acquired the ownership of land E, etc. in the window E, Changwon-si, located in the vicinity of each of the instant real estate, for the purpose of promoting the said housing construction project, from ELD Construction Co., Ltd. on October 21, 2010, and currently the Plaintiff was closed on June 30, 2012.
E. Meanwhile, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) extended a loan of KRW 2 billion to the Plaintiff with the purchase fund of the project site necessary for the promotion of the housing construction project, but the Plaintiff failed to repay the loan. Accordingly, the trustee in bankruptcy of the said Bank against the Defendants by subrogation, who is insolvent, on April 2, 2015.