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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. Facts of recognition;
A. The land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by the Plaintiff was divided into each land listed in paragraphs 2 through 6 of the same Table (hereinafter “instant land”) on December 7, 2012 in order of each paragraph (hereinafter “instant 2 through 6”).
At the time, D had built the above buildings on the land 2, 3, and 6 (hereinafter “instant building”) with the Plaintiff’s approval. However, at the time when the said building was constructed on the second floor, D suspended more new construction and waived the right to the completed portion.
B. Around May 30, 2013, the Plaintiff sold 85/259 of the instant six land (hereinafter “instant land share 1”) and 2 land and the instant building that had not been completed, to E in total, KRW 410,000,00. As construction was completed due to a special agreement, the Plaintiff paid the remainder KRW 70,000,000 when the said building was sold and purchased, and the Plaintiff agreed to enable E to perform a notarized act for the remainder.
C. On June 5, 2013, the Plaintiff: (a) changed the purchaser to sell the instant 2 land and shares to Defendant B; (b) drafted a sales contract with the sales price of KRW 200,000,000, while selling the instant 2 land and shares to Defendant B; (c) on June 13, 2013, the Plaintiff drafted a sales contract with the sales price of KRW 200,000,000, when selling the instant 78/259 and 3 land among the instant 6 land to Defendant C.
On May 30, 2013, E paid KRW 50,000 to the Plaintiff on May 30, 2013, Defendant B paid KRW 50,000,000 to the Plaintiff on June 5, 2013, and KRW 20,000,00 on June 20, 2013. On August 14, 2013, Defendant C repaid KRW 110,652,953 out of the secured debt of the right to collateral security established in the name of Pyeongtaek Agricultural Cooperative on the instant land on behalf of the Plaintiff, and Defendant C paid KRW 30,00,00,00 to the Plaintiff on June 14, 2013, Defendant C paid KRW 10,00,000 among the secured debt of the right to collateral security on August 14, 2013, Defendant C paid KRW 10,5,000 to the Plaintiff on June 23, 2013.