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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 filed a lawsuit against B and C seeking the payment of loans (the Daejeon District Court’s Seosan Branch 2003Gadan9539). In the said litigation proceedings, the said parties reached a settlement as follows (hereinafter “the instant settlement”).
【Defendants (B and C; hereinafter the same shall apply)
(1) The Defendants jointly and severally pay to the Plaintiff KRW 7.16 million until May 31, 2004, KRW 11 million until December 31, 2004, KRW 11 million until December 31, 2005, KRW 11 million until December 31, 2005, and KRW 11 million until December 31, 2006. If the Defendants fail to pay each of the above money by the payment date, they lose the benefit of the due date for all the unpaid money and pay the unpaid amount by adding the interest of 20% per annum from the date of loss of the due date to the date of full payment to the date of full payment).
B. On February 15, 2012, the Defendant sent a written request for consultation on indemnity for obstacles to the Plaintiff, etc., who is an interested party to the instant building, as the Plaintiff, B, C, etc., on May 30, 2012, the Defendant prepared a written confirmation as to the aggregate amount of the compensation for the instant building and the amount of money received KRW 143,764,050 among the Plaintiff, B, etc., and submitted it to the Defendant.
C. On August 2012, the Defendant entered into a contract with H on sale, transfer, and agreement with the Plaintiff regarding the building section Nos. 3 and 4 as to the building section Nos. 6 among the instant building in accordance with the annexed Form No. 2 (However, the right to receive compensation for the building Nos. 2 is C and B, but excluded from the notification of transfer by C) and the following: (a) as to the building Nos. 3 and the building section No. 4; and (b) as to the building Nos. 6, the Defendant entered into a contract with C on compensation for losses.
C An objection to C on July 31, 2012 against the Defendant of C.