1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 24, 2008, the Defendant awarded a contract for a new construction of the Yeongdeungpo-gu Seoul Metropolitan Government Btel by the F&D Co., Ltd. (hereinafter “S&D”), and subcontracted all of the remaining construction from the above construction to the Subcom Construction Co., Ltd. (hereinafter “Subcom Construction”) and the Subcom Construction Co., Ltd. with the construction cost of KRW 9 billion (including the amount of KRW 24 billion and KRW 1.7 billion in cash).

B. Around August 2008, the Busan Construction Co., Ltd. transferred to the Plaintiff 1 bonds (hereinafter “instant real estate”) that were received as the payment of the construction cost from the Busan Construction Co., Ltd. (hereinafter “BC”) on August 13, 2009. On August 13, 2009, the sales contract was concluded between J&DD (seller) and the Defendant (the Defendant) for the purchase price of the said KRW 341,187,000 (hereinafter “instant sales contract”). Around that time, the Plaintiff transferred the status of the buyer under the said contract to the Plaintiff.

C. On the other hand, the registration of ownership transfer was completed on February 15, 2008 with respect to the instant real estate on the commission of the registration of provisional attachment on February 15, 2008, and the registration of ownership transfer was completed on February 19, 2008 in the name of the Korea Asset Trust Co., Ltd. based on the trust on February 19, 2008. On July 31, 2012, the registration of ownership transfer was completed again on the same day on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, and Gap evidence 4, the purport of the whole pleadings

2. On August 13, 2008, the Plaintiff’s assertion that, before entering into the instant sales contract with the IMD on August 13, 2009, the sales contract was already made by the Defendant as payment in kind for the construction price from the Defendant before entering into the sales contract in this case, it was confirmed that, around August 2008, the total amount of the sales payment for the instant real estate was 341,1

“The instant case is deemed to have been issued a certificate of full payment (No. 2) of the purport of this case.