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1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The reasoning of the judgment concerning this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the Defendant’s defense prior to the merits
A. The Defendant’s summary of the argument is not holding the preserved claim against the Plaintiff, and even if holding the preserved claim, this is related to the instant business right against the Plaintiff, business site, and the concurrent performance of the purchase price claim against the Plaintiff, and thus, the Plaintiff cannot exercise the obligee’s subrogation right with the claims attached with the aforementioned simultaneous performance defense as preserved claim.
B. Determination 1) The instant agreement, which was concluded and delivered by E Representative F on January 26, 201 by the Plaintiff on January 26, 2011 (Evidence 3-1), is a content that E changes the name of the owner of the instant project to the Plaintiff and succeeds to the Plaintiff a written consent to land use issued by E, the owner of the instant project site, while it is a content that the instant building constructed on the instant project site belongs to the Plaintiff and belongs to the Plaintiff, and the fact that the Plaintiff was sentenced to a final and conclusive judgment in the instant lawsuit filed against E on the ground of the instant agreement, the Plaintiff retains the right to claim the transfer of ownership and the right to preserve the right to claim the transfer of ownership of the instant building pursuant to the instant agreement against E. The Defendant’s assertion that this part of the instant agreement cannot exercise the subrogation right with the secured claim attached to the simultaneous performance, as alleged by the Plaintiff, even if there is a simultaneous performance objection against the Plaintiff’s claim against E, as in the instant case’s claim for the purchase price.