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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The forest Korea Co., Ltd. (hereinafter “forest Korea”) newly built a new apartment and subsequently suspended due to the default of the construction of the apartment, and completed the new construction of the apartment site in Busan Seo-gu C in the real estate auction procedure.
B. The forest Korea received an investment of KRW 500 million from the Defendant on September 18, 2006 with respect to the construction of the above apartment, and around January 8, 2007, D awarded a subcontract for the construction of the above apartment, but it failed to repay the entire amount of the investment to D, and even if D did not pay KRW 79,50,000 out of the subcontract price.
C. On December 2006, the forest Korea entered into a contract with E to sell apartment units 1202 (hereinafter “instant apartment units”) listed in the attached list among F apartment units. On December 5, 2006, the forest Korea entered into an agreement with E to sell apartment units 1202 (hereinafter “instant apartment units”). On December 5, 2006, the contract deposit is paid by offsetting the damage claim for the instant chemical housing development by offsetting the amount of KRW 35,00,000 out of the damage claim for the said chemical housing development by E, and the remainder was agreed that E would receive a loan from a financial institution as collateral and pay it to the forest Korea.
Pursuant to the above sale contract on March 30, 2007, the forest Korea completed the registration of ownership transfer for the apartment of this case on the ground of sale on December 10, 2006 in the Plaintiff’s future. On the same day, the Plaintiff completed the registration of ownership transfer for the apartment of this case on the ground of sale on December 10, 2006. On the same day, the Plaintiff paid the remaining part of the remainder of the apartment of this case to the forest Korea with the loans obtained from the above national bank as security.
E. In order to pay KRW 79,500,000 for D’s subcontract price on or around April 24, 2007, the forest Korea has to pay KRW 53,000 for D’s remainder of the instant apartment in lieu of the forest Korea, D’s payment of KRW 53,00,000 for E’s remainder of the instant apartment in lieu of the forest Korea.