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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 Plaintiff has a claim against C with a judgment amounting to KRW 46,00,000 and damages for delay corresponding thereto (In Busan District Court Decision 2013Dadan70640).
B. The registration of ownership transfer in the name of F, G, and C was completed with respect to one-third of each of the three-third units of the three-storys of Busan Shipping Daegu D Co., Ltd. D Co., Ltd. D Co., Ltd. (hereinafter “instant building”). On July 20, 201, all co-owners’ share was transferred to the Defendant on the same day, and the registration of ownership transfer in the name of the Defendant was completed.
C. The Plaintiff, one of the co-owners of the instant building, filed an application for a seizure and collection order against the Defendant with respect to the claim for the purchase price against which C, one of the co-owners of the instant building, filed an application for a seizure and collection order (the Busan District Court Decision 2016TTTT10324 and the collection order), and issued a seizure and collection order on February 4, 2016.
(hereinafter “this case’s seizure and collection order”). 【No dispute exists concerning the grounds for recognition, Gap evidence 1, Eul evidence 2-1 to 3, and evidence 3-1, and the purport of the whole pleadings.
2. The plaintiff asserts that the defendant is obligated to pay 32,845,173 won as the collection amount to the plaintiff according to the collection order and the seizure and collection order of this case.
In a lawsuit for collection, the existence of a claim subject to collection is a requisite fact and the burden of proof is the plaintiff.
It should be said that there is no dispute between the parties, or that there is no dispute between the parties, and each of the evidence of No. 7-1, 2, 9, 10-7, 9, 11-5, 12-1, 13-3, 1-5, 14-1, 2, 15-1, 15-2, 16, 17, and 17. In light of the following circumstances, the evidence submitted by the Plaintiff alone can be seen as follows: (a) evidence of No. 8-1, 2, 9, 10-5, 11-5, 11-3, 14-1, 15-2, 15-1, 2, 16, and 17-2; (b) evidence submitted by the Plaintiff.