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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of the purport of the whole pleadings in each of the statements in Gap evidence Nos. 1 through 4, and evidence Nos. 6 to 12.
Defendant B, etc. 9 (hereinafter referred to as “existing owners”) owned one household among the Furra, which is the apartment house of nine households constructed on the land of Dobong-gu Seoul, Dobong-gu, Seoul, but decided to remove the above Furra on June 30, 2003 and newly construct the F apartment of 17 households (hereinafter referred to as “the apartment of this case”). The construction permission was granted.
B. On October 30, 2003, Defendant B sold to the Plaintiff that was registered as a director of G Co., Ltd. (the trade name after the alteration is H Co., Ltd.; hereinafter “H”) on its own, and the name of Defendant B’s owner was changed among the above construction permission.
C. At around October 2003, the existing owners ordered H to remove F lending to H, and the new construction of the instant apartment (hereinafter “new construction”). He completed the new construction of the instant apartment by August 30, 2004, and sold to the existing owners the apartment units of each household, and the construction cost was agreed to cover eight households of the existing owners’ contributions or eight households of the instant apartment units from the sales price directly sold by H.
H agreed on May 20, 2005 to transfer the right to the instant real estate in the event that on May 20, 2005, Defendant C provided the instant real estate (the instant apartment) as collateral and did not pay the construction cost by May 27, 2005 with the payment of KRW 10,40,000,000,00 of the construction cost of the instant new construction work among the instant new construction works, and after the said agreement, Defendant C further subcontracted the construction of the stairs stone portion among the instant new construction works with KRW 25,00,000,000,000,000,000,000,000 won.