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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. On June 2012, Nonparty C entered into a new construction of a multi-family house of 4-story size (hereinafter “instant house”) on the ground of the land of 306.1 square meters (hereinafter “instant land”) owned by Cheongju-si, Cheongju-si (hereinafter “instant land”) and ordered Nonparty E to undertake the instant new construction work.
B. E, while failing to complete the construction of the instant new house, voluntarily renounced, C awarded a contract to Nonparty F for the remaining construction cost of KRW 340,000,000 on August 8, 2013, but C changed the name of the owner of the building to F in order to secure the construction cost on March 14, 2014.
C. Meanwhile, on April 16, 2012, C was unable to repay the secured debt of the right to collateral security, which was set up in the name of the Western Credit Union as to the instant land, and the Western Credit Union was implementing the said right to collateral security, and the auction procedure was initiated on March 7, 2014.
Accordingly, on May 27, 2014, C borrowed KRW 255,00,00 from G from Jun. 27, 2014 at the maturity of 255,00,00 from G to 18% per annum, and at the interest rate of 30% per annum, C repaid the entire obligation to the Seocho Credit Union. In order to secure the above loan obligation against G, C completed the registration of the establishment of a neighboring mortgage and the creation of a superficies for the duration of 30 years for the duration of respect under the name of G with respect to the instant real estate as the maximum debt amount of 31,50,000 won, respectively, and the Seobu Credit Union voluntarily withdrawn the application for the above auction on May 27, 2014.
E. After November 3, 2014, the name of the owner of the instant new housing construction project was changed to the Plaintiff designated by G from the F on November 3, 2014, and on November 6, 2014, the Defendant was changed to the Plaintiff and the Defendant on the same day, and on the same day, the Plaintiff and the Defendant made a sales contract (Evidence A No. 1; hereinafter the instant sales contract) stating that the Plaintiff would sell the instant building to the Defendant for KRW 480,000,000, and the instant building was under the name of the Defendant on December 16, 2014 upon obtaining approval for use on December 8, 2014.