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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On May 21, 2008, Shinsung Construction Co., Ltd. (hereinafter “Nonindicted Company”) entered into a real estate management trust agreement with the Defendant for Seocho-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) (hereinafter “instant trust agreement”) and completed the registration of ownership preservation for the instant apartment in the name of the Nonparty Company, and completed the registration of ownership transfer for the Defendant based on the trust.
B. The plaintiff, as Seoul Central District Court 2009Kadan46950, the non-party company as the debtor and the defendant as the third debtor, filed a claim for the registration of ownership transfer with respect to the non-party company's apartment 101 (hereinafter "the right to claim the registration of ownership transfer of this case") and the right to claim the registration of ownership transfer of this case against the non-party company 103 on March 10, 2009 (hereinafter "the provisional attachment decision of this case"). The provisional attachment decision was delivered to the defendant on March 13, 2009 and May 14, 2009 to the non-party company, respectively.
C. As the main text of the provisional attachment of this case, the Plaintiff filed a lawsuit against the non-party company on the claim for the payment of construction cost, etc. on October 9, 2009 at the Seoul Central District Court 2009Da210740, and filed a lawsuit against the non-party company, and on October 9, 2009, “the non-party company shall pay to the Plaintiff KRW 51,500,000,000,000 to the non-party until November 9, 2009, and the remaining KRW 21,50,000,000 to the non-party company shall be paid in installments until December 9, 2009. If the Plaintiff receives KRW 30,000 from the non-party company within November 9, 2009, the conciliation was established.”
C The Seoul Central District Court 201Ga123153 against the defendant and the non-party company relating to the apartment 101 of this case.