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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 1, 2011, the Plaintiff entered into a construction contract with the Defendant to newly construct one unit of multi-family house (104 unit) on the C’s ground (104 unit) for KRW 280,000,000,000. On June 10, 2011, the Plaintiff entered into a construction contract with the Defendant to newly construct one unit of multi-family house (105 unit unit) on the ground (105 unit unit) and E (hereinafter “instant land”) on the D’s ground (hereinafter “instant construction contract”).
B. On March 9, 2012, the Defendant prepared and delivered to the Plaintiff a studio-built house construction project for the Plaintiff’s multi-household located in the instant land with a right of retention (hereinafter “instant letter”) to the effect that “I would not exercise any subsequent legal lien against the Plaintiff’s multi-household-built house construction project.” On the same day, the Plaintiff transferred KRW 150 million to the Defendant with the content that “A construction cost” was “A construction cost.”
C. On the ground of the instant land, the Defendant completed one multi-family house (which is the building indicated in the attached list; hereinafter “instant building”) and obtained approval for use on March 10, 2014.
On December 2, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer on the instant land to F. On October 21, 2015, the registration of ownership transfer was completed on the basis of the provisional registration, and on March 26, 2014, the Plaintiff completed the registration of ownership transfer on the instant building and completed the registration of ownership transfer to F.
E. On March 26, 2015, the instant land: (a) the voluntary auction procedure was commenced on June 1, 2015 with respect to the instant building, and (b) the voluntary auction procedure was commenced on June 1, 2015 with respect to the building of the instant case; and (c) the H auction procedure with the Hayang Branch Branch of the Hayang District Court was incorporated into the Hayang District Court G auction procedure with the Hayang Branch of the Hayang Branch (hereinafter “instant auction procedure”).
F. On May 8, 2015, the Defendant is the Plaintiff at the instant auction procedure.