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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From December 1, 2006 to March 14, 2007, the Plaintiff loaned KRW 375 million to C, and filed a lawsuit seeking payment (this court 2009Gahap21452). On April 27, 2010, “C shall pay KRW 370,000,000 to the Plaintiff by May 31, 2010. If C fails to pay the above amount by the above date, it shall pay the unpaid amount by adding an annual amount of KRW 20% from June 1, 2010 to the day of complete payment (hereinafter “instant adjustment”). It was finalized at that time (hereinafter “instant adjustment”).
B. On March 2, 2010, C entered into a contract with E (hereinafter “E”) on March 2, 2010 to transfer the business right for the new construction of an apartment house of 98 households on the land of the Guri-si and 9 lots (hereinafter “instant land”) to E (hereinafter “instant business right”) for KRW 1.2 billion (hereinafter “instant business right transfer contract”), and the remaining amount of KRW 800 million was determined to be paid as a substitute to the designated person by C.
At the time of the conclusion of the contract for the transfer of business right of this case, the owner G, his partner company, C’s representative director H, and E’s representative director I paid the remainder of KRW 800 million to the Defendant designated by C, and entered into an agreement for payment in kind (hereinafter “the instant contract for the transfer of business right”) with the ownership of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in lieu of the payment of the said debt, and the Defendant designated J and K as the person entitled to payment in kind under the instant contract for the transfer of business right of this case.
C. On October 25, 2010 with respect to each of the instant real estate, L on the same day completed the registration of ownership transfer to J or K in sequence.
At the time of entering into the instant assignment contract, C was insolvent.
[Grounds for recognition] Gap evidence 1 to 8, Eul.