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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. On March 10, 2015, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with respect to C’s ASEAN, with respect to the share of KRW 10/1840,000,000 for E forest land E 8,247 square meters and F forest land owned by C (hereinafter “instant real estate”), and with respect to KRW 950,000,000,000 and the down payment of KRW 955,00,000,000 on the date of the contract, and the remainder of KRW 855,00,000,000,000 on April 8, 2015.
B. On April 8, 2015, the Plaintiff completed the registration of ownership transfer under its name with respect to the instant real estate. On the same day, G Union created a maximum debt of KRW 72 billion with respect to the instant real estate, and obtained loans of KRW 540 million with respect to the instant real estate, and repaid KRW 368,142,481 to C’s existing collateral security debt, and remitted KRW 126,615,197 to H Company’s account designated by D, excluding the expenses related to the registration of ownership transfer and loan.
C. On October 20, 2015, C transferred to the Defendant a claim for interest accrued after April 8, 2015, the outstanding payment date of the sales contract, and notified the Plaintiff of the said claim on October 7, 2016.
Accordingly, on June 27, 2018, the Defendant applied for a payment order seeking payment of money at the rate of 15% per annum from the day following the day of service of the original copy of the acquisition amount of KRW 35 million and the original copy of the payment order, which was issued on June 28, 2018 (hereinafter “instant payment order”). Although the above payment order was served on the Plaintiff on July 18, 2018, the above payment order became final and conclusive as is because the Plaintiff did not raise any objection thereto, even though it was served on the Plaintiff on July 18, 2018.
E. Furthermore, upon the instant payment order, the Defendant is related to the land and the building on the land owned by the Plaintiff and its ground by Suwon District Court I for Sung-nam Branch of the Seoul District Court.