beta
Text
1. The plaintiff's primary claim is dismissed.
2. The Defendant’s KRW 69,325,335 and its relation to the Plaintiff from June 16, 2011.
Reasons
1. Basic facts
A. On October 26, 2010, C and D determined the construction cost to be paid to C, etc. as KRW 550,000,000 (C and D would have received 50% each other) with respect to the instant multi-household building F and G-based multi-household building (hereinafter “the instant multi-household building”) between the Defendant, E and the Defendant. After completing the construction completion of the instant multi-household building and the registration procedure for preservation of ownership, C and D made a written agreement on the registration of ownership transfer as to the instant multi-household building (A), among the instant multi-household buildings, (B) 201, 301, 302, and 301, and (301).
On January 201, 2011, the multi-household building of this case was completed, and on January 20, 2011, registration of ownership preservation was completed.
B. On June 1, 2011, the Plaintiff: (a) received the Seoul Western District Court Decision 201TY 2004Da20663, Jun. 1, 201, regarding “the amount until the claim amount among the claim for construction cost related to the construction of the above multi-household building that C holds against the Defendant (hereinafter “instant claim for construction cost”); and (b) received the Seoul Western District Court Decision 201TBT 201T 1295, seizure and collection order; and (c) on June 8, 201, the said Order was served on the Defendant on June 8, 2011.
C. On April 20, 201, C entered into a contract with H to transfer the claim for the instant construction cost under a written agreement signed by C on October 26, 2010, where C had against the Defendant, instead of paying the obligation to the Plaintiff according to the executory payment order of the case, including loans, etc., Seoul Western District Court Decision 2004Da20663, Apr. 20, 201. Around that time, H to whom C was delegated the power of attorney regarding the assignment of claim from C notifies the Defendant of the purport of the assignment of claim, and the said notification was delivered to the Defendant on April 27, 2011.
In other words, on November 15, 2011, H transfers to the Plaintiff all of the instant construction cost claims that it acquired from the Plaintiff and C.