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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 status of the parties to the contract (hereinafter “party title”) performed a project for constructing multi-family housing and a new neighborhood living facility (hereinafter “instant project”) in Ulsan-gu B, Ulsan-gu, Ulsan-gu, and succeeded to the status of the project undertaker to the Plaintiff.
The Defendant is the owner of each real estate indicated in the separate sheet (hereinafter referred to as “instant real estate”).
B. On January 12, 2007, one company, other than the concluding of a sales contract, concluded a sales contract with the Defendant to pay the purchase price of the instant real estate at KRW 900,000,000, the down payment of KRW 180,000,000 until January 15, 2007; and the intermediate payment of KRW 320,000,000 until February 28, 2007; and the remainder of KRW 400,000,000 until May 31, 207 (hereinafter “instant sales contract”); and paid KRW 180,000,000 out of the purchase price on January 12, 207 and January 15, 2007.
C. On January 8, 2008, a settlement was made prior to the filing of a lawsuit with the SP Savings Bank, etc. (the company’s trade name before the modification: Hyundai SP Savings Bank, the company; hereinafter “SP Savings Bank”), etc., with the content that “ISB Savings Bank, etc. will transfer its status as a business entity and a real estate purchaser if ISB Savings Bank, etc. will transfer its status as a real estate purchaser” from June 2007 to July 2007.
(Seoul Eastern District Court 2007No. 363). D.
The Plaintiff’s acquisition of the Plaintiff’s loan bonds and business-related rights did not repay the loan within the time limit set by the settlement prior to the filing of the lawsuit to SBA Savings Bank, etc., and on July 10, 2015, the Plaintiff acquired the principal and interest of loan claim amounting to 54,300,000,000 won and the rights and interests related to the instant business.
E. The plaintiff's application for provisional disposition and decision