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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 2009, the Plaintiff entered into a construction contract with B and completed the said construction contract with the Plaintiff, setting the construction cost as KRW 106,277,00 with respect to waterproofing construction works among construction works on the 4th underground floor and the 8th floor commercial buildings on the 8th floor (hereinafter “instant building”).
B After completing the registration of initial ownership in its own name on April 1, 2010, B completed the registration of initial ownership on the instant building 204 and 205, on April 15, 2010, on the ground of sale and purchase on April 15, 2010, and on April 15, 2010, on April 15, 2010, on the ground of sale and purchase on April 15, 2010, the registration of initial ownership transfer was completed in the Defendant on April 15, 2010, and on subparagraphs 701 through 705, on April 26, 2010, the registration of initial registration of initial ownership transfer claim was completed on June 17, 2010.
Accordingly, construction business operators, etc. of the instant building filed a complaint against B, D, E, Defendant, etc. on May 18, 2010 due to the crime of evading compulsory execution (around 2012, the Plaintiff filed a complaint against the said B, Defendant, etc.). Moreover, construction business operators, etc. of the instant building filed a lawsuit against B, the Daegu District Court 2010Kahap960, Jun. 4, 2010, the Plaintiff and the instant building construction business operators, etc. filed a lawsuit against B, such as the claim for construction cost against B and the claim for revocation of fraudulent act against B around June 4, 2010. On September 1, 2011, the said lawsuit was partially accepted, the Plaintiff’s claim for revocation of fraudulent act against B, and the said judgment became final and conclusive through a final appeal and a final appeal.
On the other hand, B, D, E, and the Defendant were indicted for evading compulsory execution with respect to each of the above acts of transfer of ownership by the Daegu District Court Branch Branching 2012 High-Ma1368, and was sentenced to a conviction on November 27, 2014 in the above judgment. The above judgment was finalized through the appellate court and the final appeal.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 5 to 9.