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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 Defendant is a regional housing association established under the Housing Act on April 15, 2011 in order to conduct a business of constructing main apartment (hereinafter “instant apartment”) on the ground (hereinafter “instant apartment”).
B. The Defendant is the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on July 7, 2011.
B) As to November 2, 2014 (after six months from the scheduled date of completion of the instant apartment complex), the management consignment agreement stating that the Korea Land Trust will pay a sum of KRW 3 billion (excluding value-added tax) including KRW 1.4 billion in business management fees, KRW 600 million in construction management fees, and KRW 1 billion in fund management fees to the Korea Land Trust (hereinafter “instant management consignment agreement”) (hereinafter “instant management consignment agreement”).
The Defendant and the Korea Land Trust enter into a contract. The Korea Land Trust Co., Ltd. (hereinafter referred to as the “Chn&C Si”) with respect to the business management of the above management affairs among each of the above management affairs.
(2) On July 7, 2011, the Korea Land Trust concluded a business management service contract (hereinafter “instant service contract”) with the content that the Korea Land Trust will pay KRW 1.54 billion (including value-added tax) as remuneration to the Samhnb City (hereinafter “instant service contract”) between Samhn&si and Samhn&si on July 7, 201. By November 2, 201, the Samhn&D City will perform the business management of the instant project by November 2, 2014.
C. The instant claim attachment and assignment order D had a claim amounting to KRW 1,500,322,360 against Samhn City. However, from Samhn City under the name E, a notary public was prepared with respect to the instant claim as the 3961 deed No. 201, 2012, and filed an application for execution based on the authentic copy of the said notarial deed in E’s name and filed an application for execution on September 19, 2012.