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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. 1) C Co., Ltd. (hereinafter “C”) in the course of the occurrence of the settlement money claim against the Plaintiff
(2) On July 20, 2002, the Plaintiff acquired ownership of 15 lots, including 543m2 in the Gu-U.S. Do-si, Seoul Special Metropolitan City, and the Plaintiff acquired the ownership of 15m2 on that ground (hereinafter “instant apartment”).
) New construction works (hereinafter “instant construction works”)
2) On July 26, 2002, the Plaintiff, E, F, G, H, and I agreed to lend funds necessary for the instant construction to C. In order to secure the loan claims, the Plaintiff entered into a trade promise with C to purchase the instant apartment at KRW 1,950,000,00 in purchase price.
3) On July 30, 2002, the Plaintiff, E, F, G, H, and I set forth and lent KRW 1,30,000,00 as the instant construction fund to C with the maturity of payment on December 15, 2002, and KRW 2% per interest month. 4) C registered the preservation of ownership on the instant apartment on February 20, 206, and registered the right to claim transfer of ownership on the ground of the pre-sale agreement entered into with the Plaintiff on July 26, 2002, as described in the above paragraph (2). Thereafter, on January 29, 2007, the Plaintiff registered the transfer of ownership on the instant apartment based on the provisional registration under the Provisional Registration Act (hereinafter “Provisional Registration Security Act”).
B. Around November 2003, the Defendant determined that the electrical construction among the instant apartment construction was 30,000,000 won (including value-added tax) and was awarded a contract for the said electrical construction.
2) After that, the Defendant filed an application against C for a payment order against C with the Jeonju District Court Branch Branching 2006 tea2016, and on July 31, 2006, the payment order (hereinafter “instant payment order”) stating that “C shall pay the construction price of KRW 363,00,000 and delay damages, etc. to the Defendant” (hereinafter “instant payment order”).
the above payment order on August 19, 2006.