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1. The Plaintiff:
A. The defendant limited liability company B and C jointly share 110,000,000 won and the defendant limited liability company B.
Reasons
1. Facts of recognition;
A. Although the Plaintiff was awarded a contract from Nonparty F of the building owner of the building indicated in the attached Table No. 2, the Plaintiff had been performing the construction of the above building under consideration, but was not paid the construction cost of KRW 580,000,000, exercising a lien on the above building.
B. On November 7, 2012, the Defendant Limited Company B (hereinafter “Defendant Company”) acquired ownership by winning a successful bid for the said building. Around April 2013, the Plaintiff and the Defendant Company agreed that the Plaintiff shall pay the Plaintiff KRW 200 million out of the construction cost of KRW 580,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won (hereinafter “instant agreement”).
C. The Defendant Company provided the above lease agreement as security, and the Plaintiff suspended the exercise of the right of retention on the above building, and at the same time, filed a move-in report in the name of the Plaintiff or the Plaintiff’s children and acquired the right of preferential payment under the Housing Lease Protection Act with the fixed date obtained.
However, around October 2013, Defendant C stated to the Plaintiff that “No loan is made due to the Plaintiff’s moving-in report on the building, and the address shall be transferred to another place, and KRW 200 million shall be paid immediately after borrowing KRW 300 million from the bank.” However, even if Defendant C received a loan from the bank, it did not have the intent or ability to pay to the Plaintiff in full KRW 200 million.
On January 22, 2014, the Plaintiff transferred the address of the said G, H, and I to another place. Defendant C obtained a loan of approximately KRW 300 million from the K Association on January 28, 2014 and obtained a loan of KRW 182,00,000 from the maximum debt amount, the right to collateral security, the maximum debt amount of which is 208,00,000, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security,