손해배상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence No. 7, Eul evidence No. 11-7, Eul evidence No. 4-1, No. 2, Eul evidence No. 6-5, Eul evidence No. 22, and Eul evidence No. 22.
On September 2004, C Co., Ltd. entered into a sales contract on the instant land with the Defendant for a real estate development project (hereinafter “instant project”), and paid the Defendant a down payment of KRW 150 million in total and an intermediate payment of KRW 100 million to the Defendant.
On December 30, 2004, C Co., Ltd. transferred to E (hereinafter “E”) all the instant business rights, including claims for return of KRW 150 million, and E entered into a contract with the Defendant with respect to the instant land and buildings on June 19, 2008, with the intention of entering into a contract under the name E as to the instant land and buildings on the said ground. < Amended by Presidential Decree No. 20007, Jun. 19, 2008>
B. On August 17, 2010, the Plaintiff entered into a contract with E to transfer (hereinafter “transfer of claim of this case”) all of the rights to claim the return of the money paid by E to the land seller including the Defendant (hereinafter “instant claim”) due to the non-working of the instant business.
C. On August 19, 2010, E sent a notice of assignment of the instant claim to the Defendant stating that “The intermediate payment KRW 100 million incurred by a contract with respect to the instant land was transferred to the Plaintiff” (hereinafter “the notice of assignment of claim to the Plaintiff on August 19, 2010”).
(2) In other words, on November 20, 2012, the Plaintiff entered into an agreement on the transfer and takeover of the instant claim from E on August 17, 2010, and thereafter E is well conducting the instant business.