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1. The plaintiff's conjunctive claim against the defendants shall be dismissed in the part of the creditor subrogation claim.
2. The plaintiff.
Reasons
1. Basic facts
A. Niceart Co., Ltd. (hereinafter “Niceart”) concluded a construction contract with Hyundai Construction Co., Ltd. (hereinafter “Nice Construction”) to construct a commercial building of five stories underground and five stories above the other three parcels of land in Sungnam-gu, Sungnam-si, Sungnam-si, and the five stories above the ground (hereinafter “instant building”).
B. During the construction of the instant building, Nitrates, Hyundai Construction acquired all rights to the instant building from Nitrates due to financial difficulties, etc., and sold W and X, August 21, 2002, 72.89 square meters in the fourth floor of the instant building to W and X, W,Y, and Z, 663.87 square meters in the underground floor to W and AA, on November 4, 2002, 175.57 square meters in the second floor, 175.57 square meters in the second floor, 993.63 square meters in the third floor, 903.26 square meters in the third floor, 1,365.48 square meters in the aggregate, 3,437.94 square meters in the fourth floor of the instant building.
C. At around 204, W transferred the purchaser status of the 4th, 722.89, 663.87, and 1 through 3th, and 5th, among the buildings in this case, to AB (hereinafter “Nonindicted Company”) whose representative director is the Plaintiff’s company. On March 11, 2005, W concluded a sales contract for the parts of the 1st, 663.87, 172 and 128 of the 1st, 204, among the buildings in this case, on December 30, 2004, the sales contract for the remaining parts of the 1st, 113 through 119, and 128 of the 2nd, 203, 203 through 314, 205, and 325th, 203 through 315 of the 2nd, of the building in this case.
W also concluded on December 30, 2004, the sales contract on 1,375.71 of the fifth floor among the buildings of this case was again concluded.
W separately, from 202 to 2004, as the purchaser of the building of this case, was delegated the authority to manage the building of this case from the seller of the building of this case to undertake remodeling construction of the building of this case. The building of this case was completed on July 1, 2004.
E. Meanwhile, the instant building is up to January 31, 2005.