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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. AF-based land development company (hereinafter “AF-based land development”) implemented a new construction and sale business of a main aggregate building consisting of eight (8) buildings of the CB-based aggregate building in Yeonsu-gu Incheon Metropolitan City, 507 households of apartment houses, officetel 372 households, commercial buildings, etc. AF-based land development company (hereinafter “C”). In addition to AF-based land development, the implementation project was completed with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) as a real estate management-type trustee company, Hyundai Construction Co., Ltd., Ltd., and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), a trustee company, as a PF-based loan company, pursuant to the land agreement on the promotion and fund management of the C new construction-based land development, Hyundai Construction Co., Ltd., Ltd., the National Agricultural Cooperative Federation and the National Agricultural Cooperative Federation on April 18, 2007, the Incheon District Court received each of the above C-based land trust, including real estate in the attached list.
B. On the other hand, AF branch development borrowed money to many creditors as the above implementation project fund, but the dispute with the current construction company and the unsold in lots, etc. occurred, and failed to repay this up to now, and the Plaintiff is a legal entity that has acquired the creditors of AF branch development to collect the claims.
C. Korean asset trust proceeds from a blanket public auction on unsold stores and offices in lots in C until April 2014, but failed to make a public auction until about 30% of the parcelling-out price.
Accordingly, the plaintiff and the plaintiff set up a sales contract as if the plaintiff had sold some of the unsold commercial buildings and offices in lots in a lump sum at an amount equivalent to about 30% of the selling price, and had sold them in advance to the trustee who has colored them in advance, at an amount equivalent to about 80% of the selling price.