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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Defendant was the implementer of a new apartment construction project in a single unit of B 2,397 square meters, C 1,236 square meters, and D 598 square meters (hereinafter collectively referred to as the “instant real estate”). The E Co., Ltd. (hereinafter referred to as “E”) was the Defendant’s association agent, and the F is the representative director of the Nonparty Company.
(2) From around 2005, F planned to implement a multi-family housing construction project in G G, including the instant real estate, and he promoted it at H, a joint representative director, and transferred the said project to the future Es.D. (hereinafter “U.S.”) around 2006, during which he purchased the said land, etc., and subsequently transferred the right to re-business to the non-party company around 2008.
B. On April 7, 2010, the Plaintiff entered into a monetary loan agreement between the Plaintiff and the Nonparty Company to lend KRW 500,000,000 as of July 31, 2010, and on the same day, the Plaintiff paid KRW 500,000 to the Nonparty Company. The F guaranteed the Nonparty Company’s loan obligations against the Plaintiff.
C. The transfer (1) of the instant real estate to the Defendant F entered into a sales contract with the Defendant to sell the instant real estate in KRW 530,000,000 (hereinafter “instant sales contract”). In the context of the special terms and conditions of the instant sales contract, the F entered into the sales contract with the Defendant as “payment of the purchase price when collateral security, provisional registration, or cancellation of the registration of trust is made” on the registry.
(2) On July 6, 2011, F completed the registration of ownership transfer with respect to the instant real estate to the Defendant.
(1) In January 2010, the Defendant is a multi-family housing, etc. that was promoted by the non-party company in G at the same time on the part of the non-party company and the non-party company.