공사대금
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On August 7, 2013, the Plaintiff and Nonparty C Co., Ltd. (hereinafter “C”) concluded a construction contract with the Plaintiff under which the construction of cultural and assembly facilities in D ground E zone (hereinafter “instant building”) was subcontracted to the Plaintiff. The Plaintiff completed the construction of the instant building and obtained approval for the use of the instant building on June 13, 2014.
B. The Defendant, as a registration director of C and C, and the representative director F, was the wife of F, provided 35 commercial buildings of the instant building as collateral, and the Defendant received a loan from G Cooperatives and subsequently repaid part of the construction price to the Plaintiff, and subsequently sold and sold the loan to the Plaintiff, and paid the remainder of 5.1 billion won for the Plaintiff by subrogation of C. The Defendant agreed to deliver the certificate of beneficial interest to the Plaintiff as evidence.
C. Accordingly, on June 20, 2014, C entered into a real estate security trust agreement with H, a trustee, the Defendant, the first priority beneficiary, and the first priority beneficiary as one of the above G cooperatives in the name of the Defendant, and obtained a loan from the above G cooperatives in the name of the Defendant, and then issued a second priority beneficiary certificate to the Plaintiff to prove that the Plaintiff is the debtor against the Plaintiff on behalf of the second priority beneficiary.
Meanwhile, after selling three commercial buildings, the Defendant repaid 757,680,000 won to L Union, which is the first beneficiary of priority, among the 1,321,00,000 won, and thereafter H disposed of 25 remaining commercial buildings on August 31, 2016, and repaid the Defendant’s loan obligations to the first beneficiary of priority.
E. The Defendant, on behalf of C, bears the obligation to sell 28 commercial buildings as above and pay the remaining amount to the Plaintiff after repaying the debts to senior G unions.