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1. The plaintiff's lawsuit against the defendant C is dismissed.
2. The plaintiff's claim against defendant B.
Reasons
1. Basic facts
A. On December 8, 2010, the Ministry of Land, Transport and Maritime Affairs, around December 8, 2010, designated the above Japan as a development promotion district and approved the development plan for an urban development project.
B. D, at the time of the Plaintiff’s representative director, purchased each of the real estate listed in attached Form 1 (hereinafter “instant real estate”) in the name of the Plaintiff in order to promote an urban development project on the land of 10,806 square meters in Pyeongtaek-gun, Chungcheongnam-gun, Jeonnam-gun, and completed the registration of ownership transfer as the receipt No. 1586, Feb. 10, 2012.
C. After publicly announcing the instant project on December 13, 2012 (G) on December 13, 2012, Jeonnam Do Governor changed the project implementer of the instant project to “(State)AD” and changed the implementation period from “date of public announcement of designation of an urban development zone to “from December 31, 2013 from the date of public announcement of designation of an urban development zone to December 31, 2013” to “the date of public announcement of designation of an urban development zone to “the date of public announcement of designation of an urban development zone to December 31, 2014,” and made public notification of the implementation plan and topographic drawings (H public notification of Jeonnam-do).
However, as the Plaintiff did not pay interest on the obligation to pay loans to the I.D., the voluntary auction procedure for the instant real estate (J) started, and the limited liability company K (hereinafter “K”) purchased the instant real estate in the above auction procedure and acquired its ownership.
E. On December 31, 2014, the Plaintiff entered into a contract with K to acquire the instant real estate in KRW 1,280,000,000, with a view to continuing the implementation of the instant project.
F. As the Plaintiff’s aggravation of financial standing makes it difficult for the Plaintiff to carry out the above acquisition agreement, Defendant B (hereinafter “Defendant B”) to take office as the representative director on June 9, 2015, and Defendant B’s transferee status under the above acquisition agreement from the Plaintiff to Defendant B.