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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff for retrial.
purport, purport, ..
Reasons
1. The following facts, which have become final and conclusive in the judgment subject to review, do not conflict between the parties or are apparent in records.
1) The re-adjudication Plaintiff’s claim damages and the Plaintiff’s execution clause grant 1) The sales facilities with the size of 7 stories above the 7th ground, 12 stories above the 15th ground, and the total floor area of 42,716.89 square meters from the Defendant (hereinafter “instant department stores”).
2) On September 10, 2007, the review organization (hereinafter “D organization”) granted a loan of KRW 80 billion (hereinafter “instant loan”) to the Plaintiff in relation to the business of newly building and selling the instant department store (hereinafter “instant business”). On December 18, 2007, the review committee filed a lawsuit with the Plaintiff on December 145, 2007, “if the Plaintiff loses the benefit of the instant loan due date,” the review committee heading in Incheon District Court Branch Branching 2007Hun-Ga145 (hereinafter “the record of the lawsuit in this case”). (1) The review committee or the third party designated by the Defendant, and (2) the review committee or the third party designated by the competent government office including the Defendant, conducted various authorizations, business entities, or other procedures to change the owner of the instant project, or (2) the ownership transfer registration procedure of the instant site and the department store.” (hereinafter “the record of the lawsuit in this case”).
3) On March 11, 2015, the D organization transferred to the Plaintiff “the instant loan claims owned by D organization against the Plaintiff and all rights related thereto arising or related thereto,” and on August 30, 2017, the Plaintiff was granted an execution clause succession to the provisions of reconciliation stated in Section 2 (1) from the Incheon District Court’s Branch Branch Branch Branch of the Incheon District Court regarding August 30, 2017.
(b) It is required to submit a prior report on change of the name and a return disposition ① a written consent for change of the name of the owner of the building and a written consent for change of the name of the owner of the building.