1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

Defendant (formerly, C Co., Ltd.) is a corporation established to engage in the business of manufacturing and selling ready-mixeds.

On May 25, 2016, the Plaintiff entered into a contract on the acquisition of assets and assets (hereinafter “the first transfer contract”) with the Defendant, on the land, buildings, and ancient art works, etc. (such as interior, equipment, fixtures, etc.) possessed on the first floor of the building, and the business and assets to be transferred in KRW 1.1 billion, such as goodwill and other intangible property (hereinafter “the first transfer contract”).

According to the instant transfer contract, the Defendant paid KRW 10 million as the down payment on the day of the contract, KRW 300 million as the intermediate payment on May 26, 2016, and KRW 690 million as of July 20, 2016.

On the day of the first transfer contract, the Defendant paid KRW 100 million to the Plaintiff as down payment, and on May 26, 2016, the following day paid KRW 300 million to the Plaintiff as part payment.

On June 2, 2016, the Defendant changed the trade name to “stock company B” and added the consignment sale business of art works, ancient art works, etc. to the corporation’s intended business.

On June 14, 2016, the Defendant paid KRW 30 million to the Plaintiff, and the Plaintiff received it as part of the remainder under the instant transfer contract.

On the other hand, on July 20, 2016, the Defendant succeeded to the obligation of loans of KRW 45 billion to the secured debt of KRW 45 billion in the registration of the establishment of a neighboring mortgage that the debtor, the creditor, NongHyup Bank, as the creditor, on the instant real estate, in lieu of the payment of the remaining amount, and the Plaintiff drafted a receipt to confirm that the Plaintiff received the said KRW 45 million from the Defendant as the balance related to the instant transfer contract.

On the same day, the defendant paid a total of KRW 250 million to the plaintiff as the remainder.

The Defendant paid the acquisition tax and registration tax after completing the payment of the remainder under the first transfer contract as above. At that time, the building register of the instant real estate and the actual status thereof.