2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The reasoning for this part is that the court's reasoning is as follows: "No. 5 and six parts of the judgment of the court of first instance" are the same as the corresponding part of the reasoning of the judgment of the court of first instance, except that "No. 6 E, which is the object of partitioned ownership among the six-story amusement facilities (I building; hereinafter "I building") of the 6th floor of the D ground of the Chungcheong-gun, the collective building," which are "No. 5 and six parts of the judgment of the court of first instance."

Summary of Parties' Claims

A. The Plaintiff C sold the instant building to the Defendant for KRW 400 million, and the KRW 180 million out of the said purchase price was paid by the Defendant by acquiring the secured debt of the right to collateral security established on the instant building. Therefore, the unpaid purchase price is KRW 220 million.

The Plaintiff acquired the claim for the remainder of the purchase price to the Defendant under the instant contract for the assignment of claims. As such, the Defendant is obligated to pay the Plaintiff KRW 220 million to the Plaintiff.

B. Defendant 1) The Plaintiff is the most transferee who acquired the claim in collusion with C, and thus, the instant assignment of claims is null and void as a false conspiracy. 2) The sales price of the instant building is KRW 30 million in fact.

Of the above purchase price, KRW 180,000,000 was substituted by the Defendant’s acceptance of the collateral collateral debt of KRW 180,000 for the instant building.

The remaining KRW 150 million was agreed to pay KRW 150 million in lieu of the payment to H due to the fraud of KRW 100 million by H from the military base business relationship in the previous case.

Therefore, the sales amount under the instant sales contract was fully paid.

3 Even if the remainder of the sale price under the sales contract of this case remains, the act of the first C to sell the building of this case to the Defendant constitutes a commercial activity, and thus, the claim for the remainder has expired five years after the extinctive prescription period for commercial claims.

Judgment

A. The instant case.