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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. On November 26, 2010, the Defendant entered into a sales contract with C on November 26, 2010, concluded a sales contract with respect to the Daejeon Sung-gu Daejeon-gu D (hereinafter “instant land”) and its ground buildings (hereinafter “instant building”). The main contents of the instant sales contract are as follows.
The remainder of KRW 161 million (payment on November 26, 201) after the down payment of KRW 39 million (payment on a contract) shall be paid as the termination money for a mortgagee designated by C from among the intermediate payment of KRW 620 million (payment on January 10, 201), the sum of KRW 170 million (payment on December 30, 201) after the intermediate payment of KRW 250 million (payment on November 26, 201), KRW 161 million (payment on January 10, 201), and 250 million (payment on the building of this case) after the remainder payment of KRW 170 million (payment on December 30, 201). The remainder shall be treated as the remainder by succession by the buyer (Defendant).
B. On November 26, 2010, the date when the instant sales contract was concluded, the Defendant paid the down payment of KRW 39 million to C, and completed the registration of ownership transfer as to the instant building and land in the name of the Defendant on the same day. On January 28, 2011, the Defendant completed the registration of ownership transfer as to the instant building and land by changing the debtor of the right to collateral security (hereinafter “mortgage”), which was established on the instant land from “C” to “Defendant”; on the same day, the registration of change of the right to collateral security (hereinafter “mortgage”) was completed by changing the debtor of the right to collateral security (hereinafter “mortgage”) to “Defendant”; and on the same day, the registration of establishment of the right to collateral security (hereinafter “mortgage”) was completed.
C. On the other hand, the Plaintiff’s claim for acquisition amount was established, and E had a claim for construction amounting to KRW 87 million against C in relation to the new construction of the instant building. On December 27, 2010, the Plaintiff transferred the said claim for construction amount to the Plaintiff, and on January 5, 2011, notified the transfer to C, and the said notification was delivered to C around that time.