beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) C Co., Ltd. (hereinafter “C”) (hereinafter “C”) shall acquire ownership of each land listed in the separate sheet No. 2 attached hereto.
) The land listed in the separate sheet No. 2 from the 1993 Boan City (hereinafter referred to as “instant project site”).
(2) The project described in the attached Table 1; hereinafter referred to as the “instant project”) shall be the project site in Boan-si D Apartment Housing Construction Project (attached Form 1);
2) As to the approval of the project plan as to the project of this case, the right to implement the project of this case acquired by C by obtaining the approval of the project plan (see, e.g., “instant business right
(2) Around December 19, 2001, B Co., Ltd. (hereinafter “B”) loaned KRW 14,930,000,000,00,000 to E Co., Ltd. (hereinafter “E”) for purchase of the instant project site. Using this money, E, etc. acquired the ownership of the instant project site from C on December 19, 201, and E obtained a modified approval for the instant project plan from the Young Market to E on June 5, 2002.
3) On October 28, 2003, B demanded “B” from E and its partner F, G, etc. to “in the event of a certain cause, such as loss of the time limit for loans related to the instant business, to waive all rights such as business rights and lien, and to transfer business rights, construction rights, and enforcement rights without consideration. 4) E, etc. to “a waiver and transfer certificate of business rights” to the effect that “B, etc. fail to perform its loan obligations properly, and B, on November 2007, filed a lawsuit seeking payment of KRW 15,821,00,000,000, based on the loan principal, and received a favorable judgment in around 2008.
(Seoul Central District Court Decision 2007Da435781 Decided August 14, 2008, Supreme Court Decision 2007Da435798 Decided September 18, 2008, Supreme Court Decision 2007Da435798 Decided September 18, 2008, Supreme Court Decision 2007Da435804 Decided August 14, 2008). 5B acquired the instant project site through a public auction procedure on January 5, 2009.