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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) The Plaintiff was established on April 24, 2012 for the purpose of real estate development business, etc. At the time of the Plaintiff’s establishment, C was a representative director and in-house director, D and E, and F outside directors. After November 14, 2012, C resigned from the representative director, E was appointed as the representative director on the same day, and C and D resigned from the inside director on July 30, 2013. 2) The Defendant was established on June 222, 2011 for the purpose of real estate development business and consulting business, and thereafter C was concurrently a director from that date to January 29, 2016.
3) G Co., Ltd. (hereinafter “G”).
(4) A limited liability company H (hereinafter “H”) is established on February 22, 2011 for the purpose of real estate sale and purchase, lease, etc., and from March 5, 2010 to March 5, 201, as a company established on April 4, 2008, the Plaintiff’s outside director is the representative director, but the actual operator is E.
B. On November 7, 2012, the Plaintiff and the Defendant: (a) sold the Plaintiff KRW 880.5 square meters (hereinafter “instant land”) to the Defendant at KRW 800 million in purchase price; (b) at the same time, the Plaintiff received KRW 800,000,000 from the Defendant, and determined that there is no intermediate payment and balance; (c) at the same time, the Plaintiff is given the Defendant all documents that may change the name when receiving any remainder; and (d) the Defendant succeeds to the loan of the said real estate (Evidence 5, hereinafter “instant sales contract”).
2) The Plaintiff completed the registration of ownership transfer with respect to the instant land No. 1 to the Defendant on the day on which the sales contract was prepared.
3) Meanwhile, regarding the instant land No. 1, the maximum debt amount of KRW 819 billion on May 31, 2012, the debtor, the Plaintiff, and the NAB Bank Co., Ltd. (hereinafter “BB Bank”) (hereinafter “BB Bank”) regarding the instant land
registration of the establishment of a neighboring property.