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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a payment order with the Ulsan District Court Decision 2004Da2418, which sought payment of KRW 134,70,000,000, including the price of goods, against C, and received payment order from the above court on May 25, 2004. The payment order was finalized on June 15, 2004.
B. On September 18, 1998, C completed E commercial buildings and apartment complexes (hereinafter “E”) including the building listed in the separate sheet (hereinafter “each of the instant commercial buildings”), and completed registration of preservation of ownership in the name of C.
C. C subcontracted the construction of windows and hardware to E New Construction Co., Ltd. I (hereinafter “I”), and I re-subcontracted part of the subcontracted construction to F.
Since then, F made the payment of each of the instant commercial buildings to C as the substitute for the unpaid construction cost, and between C and C on February 20, 1999, with respect to subparagraph 210 of this case, F entered into each of the instant commercial supply agreements (hereinafter “each of the instant supply agreements”) on April 1999 with respect to the sales price set forth in subparagraph 97,805,330 won (including additional taxes) with respect to the sales price set forth in subparagraph 215, around April 1999, with respect to the sales price set forth in subparagraph 122,90,907,910 won (including additional taxes) with respect to the sales price set forth in subparagraph 215. On March 23, 199, F completed the registration of the right to claim the transfer of ownership for each of the instant commercial buildings as the receipt of the Busan District Court Yangsan District Court's registration office No. 10651 on March 23, 1999.
F leased the instant No. 210,000 won to G, monthly rent of KRW 150,000,000, and from June 1, 1999 to August 2003, 200, on December 30, 2003, F leased deposit amounting to KRW 5 million, monthly rent of KRW 100,000,000, and period of lease from December 30, 2003 to 24 months.
In addition, F on December 1, 200, to the defendant (However, under the lease agreement, the tenant's name is J.) on December 1, 200, the title of this case 2.15 million won is five million won or more as the lease deposit.