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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. C Co., Ltd. (hereinafter “C”) suspended the construction of a condominium building (hereinafter “instant building”) on the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by it. D, on April 1, 1996, shall resume the construction of a civil engineering expertise with C, and C, the unpaid construction cost, etc. shall be paid by July 30, 1996, and C, if the construction cost is not paid by the time, concluded an agreement to change the name of the owner of the instant building to D.
B. From D, the Plaintiff: (a) from October 22, 1996, the Plaintiff contracted part of the construction work on the instant building from July 1, 1996 to November 1, 1996; (b) however, the Plaintiff was unable to receive the construction cost of KRW 215,542,00, and KRW 392,549,850.
D was prosecuted for committing a crime, such as the defraudation of services equivalent to the above construction price, and was sentenced to two years as imprisonment with prison labor for the Seocho District Court Branch 1997Gohap4 on June 16, 1997.
C. Meanwhile, as C does not pay the construction price, D filed a lawsuit against C on January 11, 1997 to suspend construction and on December 27, 2000 to change C the name of the owner of the building of this case to itself (Seoul District Court 2000Kahap16501) and received a favorable judgment on June 27, 2002, and the above judgment became final and conclusive on July 29, 2002.
D At the time of July 29, 2004, the owner of the instant building entered into a contract for transfer or acquisition of unregistered building rights (hereinafter “instant agreement”) with the defendant who was the representative director, and on the same day, changed the name of the owner of the instant building to the defendant.
Article 1 Section D is to transfer to the defendant the change of the name of the owner of the instant land and F-owned building on July 11, 2002, Seoul Dong-dong Support District Court Decision 2000Gahap16501, a lawsuit claiming the change of the name of the owner.