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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 10, 2006, the Plaintiff concluded a contract with the Defendants for construction of reinforced concrete building costs of 240,000,000 won among the new construction works of 10 households on the D ground of Eunpyeong-gu Seoul Metropolitan Government.
In order to preferentially repay the above construction cost, the Plaintiff made a promise to sell and purchase the total of seven households of Seodaemun-gu, Seoul with 10 households of the above new apartment units (the first floor of the above new apartment units is a parking lot, referring to No. 201, 501, 501, 102, 201, 202, 301, 302, 401, and 401, with the total of 10 households of the above new apartment units, and decided to preferentially pay the construction cost to the Defendants as sold.
Meanwhile, until May 11, 2006, the Defendants borrowed KRW 30,000,000 to the Plaintiff and provided that the Plaintiff would supply the said money with the said money.
(hereinafter referred to as the “instant construction contract”. B.
On May 11, 2006, the following day pursuant to the instant agreement, the Defendants paid KRW 30,000,000 to the Plaintiff for the material cost of steel and ready-mixed. The Plaintiff did not supply materials, such as ready-mixed, and the Defendants directly purchased and executed construction work. On May 18, 2006, the Defendants paid KRW 19,000,000 to the Plaintiff as material cost and personnel cost, but the Plaintiff did not pay the material cost and personnel cost.
C. Upon the Plaintiff’s non-payment of the above loans and the construction cost from time, the Defendants obtained the above E-Ba 7 generation by payment in kind, and the Seoul Western District Court 2007Da63686, filed a lawsuit seeking the implementation of the procedure for ownership transfer registration by public notice, and served by public notice, on February 5, 2008, issued a judgment on February 5, 2008 that “the Plaintiff shall implement the procedure for ownership transfer registration for each one-half of the above E-Ba 202, 301, 302, 401, and 501, respectively, on May 10, 2006 (hereinafter “instant service by public notice”). The above judgment is business.