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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. Basic facts
A. On December 7, 2016, Defendant D entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a scale of 17 households above ground (hereinafter “instant apartment”) and the Defendant Co., Ltd. for the new construction of the F apartment with the size of 3,575,40,000 won on the ground of E at Jeju. Around March 9, 2018, Defendant D entered into a modified contract to increase the construction amount to KRW 3,79,3350,000.
Defendant D and Defendant Company entered into a contract with G Co., Ltd. (hereinafter “G”) on December 16, 2016, by succeeding to the position of the ordering person under the construction contract, which is 3.57 billion won as the contract price entered into between Defendant D and the Defendant Company.
B. Since the completion of the construction, Defendant D did not pay the construction cost, and Defendant D had prepared a letter of waiver of defective claims stating that the Defendant D did not pay the remainder of the construction of the instant apartment before May 10, 2018, and that the Defendant D did not pay the remainder of the construction of the instant apartment, and the Defendant D promised to not make any claim regarding the defects of the building in the future.
C. On December 8, 2016, H Co., Ltd. (hereinafter “H”) entered into an investment agreement with Defendant D to invest KRW 700,000 in the instant apartment construction project and to receive KRW 600,000 from Defendant D.
Around April 15, 2018, Defendant D proposed that I, an investor of the instant apartment construction project, the representative director of H, would acquire 4.8 billion won (the total sum of H’s investment funds and 1.3 billion won) of the instant apartment among the instant apartment units, and I gave consent (hereinafter “instant agreement”) on May 23, 2018, the sales contract was prepared to purchase 15 households among the instant apartment units in the name of the Plaintiff for 4.8 billion won, and the registration of ownership transfer was completed for the said 15 households on June 1, 2018.
Meanwhile, the contents of Defendant D’s proposal to acquire the above 15 generation to the Plaintiff include the remaining construction cost for the Defendant as KRW 430 million.