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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
(1) On January 13, 2015, C representing the Defendant entered into a sales contract with the Plaintiff to sell KRW 1160,000,000 for the purchase price (hereinafter “instant sales contract”). As to the payment of the purchase price, C signed an agreement with the Plaintiff on January 13, 2015 that KRW 1.15,50,000,000 out of the purchase price, without any down payment, the secured debt amounting to KRW 1.1555,00,00,000 for the instant land (hereinafter “instant secured debt”). The Plaintiff removed the building located on the instant land, and the remainder of KRW 10,000,000,000,000,000 for the remainder of the purchase price shall be paid together with the acquisition of the instant secured debt.
D. On December 28, 2014, the Plaintiff concluded a contract with F Co., Ltd. (hereinafter referred to as “F”) for the construction work to remove the instant building on the ground (hereinafter referred to as “instant construction work”) by setting the construction cost of KRW 56,100,00, and the construction period from January 16, 2015 to March 15, 2015, and F completed the instant construction work.
Secondly, the KF refused the Plaintiff to accept the instant collateral obligation, and C urged the Plaintiff to accept the instant collateral security obligation on several occasions.
On March 19, 2015, the Plaintiff prepared and delivered a written statement stating that “The Plaintiff will acquire and transfer ownership in the name of G Co., Ltd. (hereinafter “G”) in which the Plaintiff introduced the instant collateral security obligation (hereinafter “G”), and that “The Plaintiff will receive and pay the balance of KRW 20 million with respect to the purchase and sale of the instant land as of March 19, 2015,” and that “The transfer income tax is responsible for G” (hereinafter “each written statement of this case”).
On the same day C delivered all documents necessary for the transfer of ownership to the certified judicial scrivener H accompanied by the Plaintiff.
However, in the name of G, the acceptance of the instant collateral security obligation and its acquisition.