1. The plaintiff's main claim is dismissed.

2. As to the real estate stated in the separate sheet between the Defendant and C, January 2017.

1. Basic facts

A. On December 20, 2016, C prepared a letter of performance for the repayment of the amount of KRW 84,585,655 to the Plaintiff’s obligation to the Plaintiff for the purchase of goods by D Co., Ltd. operated by the Plaintiff.

On June 12, 2017, the Plaintiff applied for a payment order against C and D Co., Ltd., and received an order to pay “C shall jointly and severally with D Co., Ltd., to pay the Plaintiff 84,585,65 won and the amount calculated by 15% per annum from July 13, 2017 to the date of complete payment.”

The above payment order was finalized on July 27, 2017.

B. C entered into a pre-sale agreement on January 26, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant land”) owned by it, and completed the provisional registration of the right to claim ownership transfer on January 26, 2017 by the Government Registry of the District Court of Jung-gu District on the receipt of No. 7441 on January 26, 2017.

C. On December 13, 2017, the Plaintiff received a claim attachment and collection order under the Incheon District Court Decision 2017TTB 20207, with respect to KRW 89,518,804, the principal and interest of the Plaintiff’s claim for the payment of the goods against C, among the claim for the purchase price, etc. that the Plaintiff received from the Defendant as to the instant land.

The above collection order was served on the defendant on December 18, 2017. D.

C entered into a sales contract with the Defendant on November 30, 2017 by setting the purchase price of KRW 150,000,000 with respect to the instant land, and completed the registration of ownership transfer as the receipt of the Government Registry of the District Court on January 22, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of whole pleadings.

2. As to the determination of the primary claim for collection, the plaintiff primarily claims KRW 89,518,804 to the defendant, which is therefore examined.

In a lawsuit for collection, the existence of a claim to be collected shall be proved by the obligee as a requisite fact.

(Supreme Court Decision 2005Da47175 Decided January 11, 2007, and Supreme Court Decision 2013Da40476 Decided June 11, 2015).