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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 30, 204, D Co., Ltd. (hereinafter “D”) obtained approval from the petitioner Gun for the construction of a new apartment unit with 49 households (hereinafter “instant apartment unit”) on each of the instant land owned by Cheongju-si E, F, and G (original H, E, and I, divided, etc.; hereinafter “instant land”).
B. D around June 2005, as the business right of the apartment of this case and the land of this case are transferred to C Co., Ltd. (hereinafter “C”) which was the contractor of the apartment of this case, C obtained a modified approval for the housing construction project plan from the petitioner Gun on July 19, 2005 to the contents that the project proprietor of the apartment of this case is changed in its name.
After that, on November 22, 2005, the Plaintiff and J agreed to jointly operate the apartment project of this case with C on November 22, 2005, and receive KRW 850 million paid as expenses for authorization and permission in relation to the apartment project of this case from C.
C. On February 15, 2006, as C transferred the business rights and buildings of the apartment in this case to the Geumcheon Industrial Development Co., Ltd. (hereinafter “C”) on February 15, 2006, the virtue industrial development was approved by the petitioner head of the Gun to modify the housing construction project plan that changes the project owner of the apartment in his name.
However, on January 24, 2007, C filed a lawsuit claiming the performance of the contract for the transfer and acquisition on the ground of the default of the development of the virtue industry, against the development of the virtue industry on January 24, 2007, such as the procedure for the change of the owner’s name. On May 23, 2007, Cheongju District Court rendered a favorable judgment (No. 2007Gadan2299), and on June 20, 2007, the above judgment became final and conclusive as it is.
However, prior to the lawsuit mentioned in paragraph (c) above, C delegated the above lawsuit to K on December 18, 2006, stating that “the delegated person shall be the transferee when the lawsuit is won.”