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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The sales contract between E and ABD Co., Ltd. 1) ABD Co., Ltd. (hereinafter “AB”)
) The joint housing construction project (hereinafter “instant housing construction project”) in Dongjak-gu Seoul Metropolitan Government D D.
B) On September 20, 2006, each of the real estates listed in the separate sheet (hereinafter “instant real estates”) in the project area between E and E on September 20, 206.
After concluding a contract to purchase KRW 73,90,000,000,000 for 73,000,000 won, E paid KRW 7,039,000 for the down payment on December 22, 2006, and KRW 21,1170,000 for the intermediate payment on May 25, 2007. 2) ASEAN filed a lawsuit against E to file a claim for ownership transfer registration of the instant real estate, and on August 19, 2008, E received the remainder of KRW 42,234,00 for the instant real estate from ASEAN, and at the same time, E’s appeal and final appeal were both dismissed, and the aforementioned judgment became final and conclusive on November 12, 2009.
B. A sales contract between ASEAN and C is 1) The ASEAN’s agreement between ASEAN and C on November 24, 2010 to sell the instant real estate for KRW 800 million (hereinafter “instant sales contract”).
(2) Upon entering into a contract, F, an advisory lawyer of ASEAN, agreed to receive the remainder amount of KRW 42,2340,000,000 from the contract date, until November 29, 2010. (2) On November 25, 2010, the Seoul Central District Court deposited the remainder payment of KRW 42,2340,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000
3) On November 29, 2010, C paid a balance of KRW 377,766,00 to ASEAN, and ASEAN completed the registration of ownership transfer of the instant real estate from E on December 2, 2010, and completed the registration of ownership transfer to C on the same day. (C) The Defendant provided ASEAN support.