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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are acknowledged as either a dispute or a whole purport of the pleadings (including Seoul Southern District Court Decision 2016Da233570 Decided July 21, 2017) other than each macro-Evidence (including “Seoul Southern District Court Decision 2016Da23570 Decided July 21, 2017
C A Co., Ltd. (hereinafter referred to as “C”) and D Annual Rebuilding Co., Ltd. (hereinafter referred to as “D reconstruction Association”) concluded a joint project agreement with the content that C will sell the remaining 12 households after deducting the association members’ housing to be appropriated for the construction cost, etc., on the ground of the Gangseo-gu Seoul Metropolitan Government E and F land provided by D Reconstruction Association for the construction of apartment houses by investing the project expenses.
Building permission was received in the name of DD reconstruction association.
On February 19, 2014, C completed the registration of ownership transfer on February 19, 2014, according to the terms and conditions agreed with D Reconstruction Association, with respect to the general housing units, it completed the registration of ownership transfer on February 19, 2014, and completed the registration of trust on March 20, 2014 for the stable sale. On April 17, 2014, C transferred the ownership again to D Reconstruction Association, and completed the registration of ownership transfer on the grounds of re-trust in the future of G on the same day.
[B] According to the trust ledger 1 and 2-6, the truster is a D reconstruction association, the H association, a loan institution, as the first priority beneficiary (hereinafter “H”), and C was designated as the second priority beneficiary, while the defendant was designated as the principal debtor.
The defendant is the actual manager of C, I.
[See [Attachment B-2, the witness J, the original trust register attached to the application for the instant payment order, and the briefs of March 12, 2019] In order to raise the construction cost at the time, C was prepared in the above original trust register as follows: (a) the Defendant was designated from G to be the debtor; and (b) the Defendant was issued each certificate of beneficial rights in the first order 364 million won, second order 364 billion won, and second order 364 million won, and was granted a loan of KRW 139 million from H on April 17, 2014 (A).
On the other hand, C is sold in general.