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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On September 21, 2009, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) was running G apartment development business on the 3rd parcel of land, the Plaintiff Co., Ltd., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a contract on the transfer of business rights and real estate (hereinafter “transfer rights and real estate acquisition contracts, etc.”) with the Plaintiff Co., Ltd. (hereinafter “U.S.A.”) to transfer the said development project and G apartment (scale: 5: 250 households and commercial buildings, 5,279: 70 square meters: 70/5%, and 70/705% of the provisional attachment registration at the time, and the registration of ownership preservation was completed in the Plaintiff’s future due to the entrustment of provisional attachment registration at the time.
According to the transfer contract such as the instant business right, in lieu of the payment of the said transfer price of KRW 3 billion to the creditors of the Plaintiff Company, the Plaintiff Company issued a bill of exchange amounting to KRW 500 million in the face value to guarantee the payment of the remaining balance even after the completion of the payment, and provides the Plaintiff Company with a notarized bill (a refund was made at the time of settlement of the balance), and the Plaintiff Company shall transfer the ownership of each of the instant real estate to the future SDR upon receipt of the down payment of KRW 300 million in the down payment.
B. On October 13, 2009, the Plaintiff Company received the down payment as stipulated in the transfer contract, such as the instant business right, and completed the registration of ownership transfer with respect to each of the instant real estate to the future Esdiia.
Then, the Plaintiff Company rejected the Plaintiff Company’s request for the payment of the remainder on the ground that “ISDD does not have any outstanding debt that the Plaintiff Company paid to the creditors of the Plaintiff Company in excess of the total amount of the remainder.”