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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. The Plaintiff, a rehabilitation company, is a business facility (office) with the total floor area of 31,736.75 square meters in size of 7 stories above ground and 20 stories above ground in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, where the rehabilitation company is a new building business (hereinafter “new building business”), and “the instant real estate”.
(B) As to the new construction works, the construction cost of the water distribution team supply and installation works from the new construction works shall be set at KRW 265,650,00 (including value-added tax) and from June 1, 2012 to August 31, 2014, and the construction period shall be set at KRW 107,000 out of the construction cost, but the remainder of the construction cost shall not be paid KRW 158,650,000. (b) The Defendant, on November 2, 2010, received KRW 158,650,000 from the new construction works, etc.
B) On November 21, 2014, the new business was a trust company that entered into a loan agreement with the Plaintiff to pay the said construction cost of KRW 158,650,000 to the Plaintiff by January 5, 2015, which was a law firm, as the certificate No. 453 on November 21, 2014. On May 28, 2015, the Plaintiff was issued a certificate of monetary loan contract with the intent to pay the said construction cost of KRW 158,650,00 to the Defendant by January 5, 2015. Of the sale price of the instant real estate in which the new business was held by the Seoul Central District Court No. 2015,50,000, among the claims to be paid to the Defendant, the above seizure and collection order was served on the Defendant on June 2, 2016. [Recognition of grounds] There is no dispute as to the facts and number Nos. 1 through 7 (hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. The plaintiff's assertion: ① according to the contents of the above order of seizure and collection, the defendant is obligated to pay KRW 158,650,000 to the plaintiff out of the sale price that the new company can receive as the beneficiary under the trust contract; ② the business agreement entered into with the defendant and the new company.