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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
As to the claim for the construction price against C, the Plaintiff received a notarial deed drawn up by a notary public D office on May 15, 2012 (hereinafter “notarial deed of this case”) with No. 680, the payment of construction cost of KRW 170,000,000, the debtor E, and joint and several sureties (hereinafter “notarial deed of this case”).
C The registration of ownership transfer was completed on May 17, 2012 with respect to the buildings listed in the separate sheet (hereinafter referred to as “instant building”) by E, the actual owner of the building, and on May 17, 2012, to the Defendant and F, as indicated below:
[Attachment 1] On May 17, 2012, Defendant 405, and Defendant 17,100,000,000 won on May 17, 2012, 2012, and KRW 15,3,000,000 won on May 17, 2012 (based on recognition) / [No. 1,2, 8, and 403,00,00 won on May 17, 2012] A, written evidence No. 1, 2, 8, and 4, each of the items of evidence No. 4, and the purport of the entire pleadings, and C, the primary cause of the instant claim, upon introduction of the Defendant, provided the Defendant with documents necessary for the registration of transfer of ownership, knowing that the building No. 403 was trusted in title with the introduction of the Defendant.
However, the Defendant, by deceiving F to F as if he had been paid in lieu of the above 403 units, had a sales contract and received the total of KRW 80 million and KRW 30 million from the collateral of the instant building in F’s name. The Defendant constitutes tort.
Since the defendant returned KRW 30 million to F, the defendant is obligated to pay the remainder of KRW 80 million with compensation for damages incurred by the illegal act to F. Since F transferred the above claim to the plaintiff, the defendant is obligated to pay the above KRW 80 million to the plaintiff.
If the sales contract between C and the Defendant for the instant building 403 is valid, F is obligated to pay the purchase price to the Plaintiff.
However, F makes it erroneous that the Defendant was authorized to receive the purchase price.