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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. Basic facts
A. Defendant B was subject to the High Government District Court Order 2016Kadan50212 on August 23, 2016, which rendered the Plaintiff’s claim for the return of the sale price of KRW 343,671,300 against the Plaintiff, and Defendant C was subject to the provisional seizure order on real estate on August 23, 2016. Defendant C was subject to the provisional seizure order on real estate at the court 2016Kadan50214 on the same day, with the claim for the return of the sale price of KRW 150,000 against the Plaintiff as the claim for the return of the sale price of KRW 209,540,000 against the Plaintiff. Defendant D was subject to the provisional seizure order on real estate at the court 2016Kadan50213 on the same day (hereinafter collectively referred to as “the provisional seizure on each of the instant real estate”). On the same day, the same day was executed on the same day as the instant real estate owned by the Plaintiff and 140 square meters of each of the instant real estate.
B. As to Defendant B, the Plaintiff filed an application for each of the orders against Defendant C with the High Government District Court 2016Kasi82, Defendant C with the same court 2016Kasi83, and Defendant D with the same court 2016Kasi84, respectively. The Defendants were served with each of the above orders, but did not submit the documents proving the filing of the merits or the continuation of the lawsuit within the filing period.
C. On November 17, 2016, the Plaintiff received a decision to revoke the provisional seizure of each of the instant real estate by the District Court No. 2016Kadan50279 against Defendant B, as to Defendant C on the same day, as the same court 2016Kadan50297, and on December 6, 2016, as to Defendant D, under the same court 2016Kadan50293.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Defendants asserted that the Plaintiff did not enter into a sales contract with the Plaintiff and submitted forged documents even if there was no claim for the refund of the sale price to the Plaintiff, and thus, received the decision of provisional seizure of each of the instant real estate.