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Reasons
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(영문) 의정부지방법원 고양지원 2018.05.25 2017가합73672
정산금 청구
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty E’s construction of a sub-loan (1) Nonparty E decided to newly construct a sub-loan on the ground of the land other than the F-O-dong, Seoyang-gu, Seoyang-gu (hereinafter “instant land”).

(2) Nonparty G participated in the construction of the instant new construction project as the executor of the instant new construction project. (3) Nonparty G participated in the building built on the ground of the instant land as the new construction project.

(No. 3-1, No. 4-1). (b)

On May 20, 2013, Plaintiff A entered into a subcontract agreement for the instant new construction project and a contract for the sale of the instant loan (1) with Nonparty G to receive KRW 70,000,000 from Nonparty G for the entire construction cost of the instant new construction project (hereinafter “instant painting construction contract”) and received KRW 10,000,000 out of the construction cost in advance.

(A) On October 5, 2013, Nonparty H entered into a subcontract construction contract with Nonparty G to accept KRW 75,000,000,00 for the construction cost of the instant new construction works (hereinafter “instant subcontract contract”).

(A) No. 4-1. (3) Nonparty I entered into a contract with Nonparty E to purchase the instant loan 202 from Nonparty E in KRW 155,00,000.

(A) No. 5-1, c.

In order to prevent the auction of the loan of this case, Nonparty E completed the registration of preservation of ownership of the loan of this case, and on February 13, 2014, the Credit Cooperatives voluntarily decided to commence the auction of the loan of this case (hereinafter “the auction of this case”) with respect to the credit of Nonparty E.

(A) Upon completing the registration of ownership transfer with respect to the loan of this case on January 14, 2015, Plaintiff A completed the registration of ownership transfer and repaid the principal and interest of loan to Nonparty E’s leisure fisheries cooperatives.

(3) The instant case.

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